SHYAM KISHORE Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Tarun Mishra, Advocate holding brief of Dr. L.P. Mishra, learned counsel for petitioners, learned Standing Counsel for the State, Shri Avadhesh Mishra, learned counsel for opposite party no. 4 to 6 and perused the material available on record.

(2.) By means of the present writ petition, the petitioners has challenged the order dtd. 3/6/1992 passed by the Prescribed Authority thereby allowing the application under Sec. 12 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 preferred by the respondents and also rejected the appeal preferred by the petitioners before the Additional Commissioner, Lucknow Division,Lucknow in its order dtd. 30/9/2002.

(3.) The facts in brief are that the predecessor in interest of the petitioners, who was recorded tenure holder was served with the notice under Sec. 10 (2) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 calling upon her to explain as to why area of 31-33 acres irrigated land be not declared surplus. The predecessor in interest of the petitioners, namely, Gayatri Devi filed her objections and contested the case before the Prescribed Authority. The Prescribed Authority rejected her objections against which an appeal was filed and the same was also dismissed. Assailing both the orders the recorded tenure holder had filed a writ petition before this Court. This Court had remanded the matter and certain aspects of the case were directed to be re-looked by the Prescribed Authority, and accordingly a fresh notice was issued where the Prescribed Authority again rejected the objections. Against the order of Prescribed Authority dtd. 31/3/1979, no appeal was filed by the recorded tenure holder and the order of the Prescribed Authority attained finality.