OM PRAKASH SINGH Vs. OM PRAKASH SINGH

JUDGEMENT

(1.) Heard Sri Rajeiu Kumar Tripathi Advocate, the learned counsel for the petitioner, Sri Dheeraj Ojha, the learned Standing Counsel for the State and perused the records.

(2.) By means of the instant writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged the validity of the order dtd. 16/2/1993, passed by the opposite party No. 2/Chief Revenue Officer, District Sultanpur in Case No. 74 of 1985, under Sec. 10 (2) of U.P. Imposition of Ceiling on Land Holdings Act (which will be hereinafter referred to as 'the Ceiling Act'), declaring 30 bigha, 16 biswa and 13 biswanshi land of the petitioner to be surplus. The petitioner has also challenged validity of the order dtd. 1/1/1996, passed by the opposite party No. 3/Additional Commissioner Judicial, Faizabad Region, Faizabad in Appeal No. 79/Sultanpur under Sec. 13 of the Ceiling Act, whereby the appellate authority has declared the land of Gata Nos. 1487, 1488, 1489, 1490, 1492, 1494,1496, 1497, 1498, 2093 as unirrigated and has directed redetermination of the surplus land of the petitioner in accordance with the directions issued by the appellate court.

(3.) Briefly stated, the facts of the case are that Sri Badri Pratap Singh was the original tenure holder of the lands in dispute. On 22/4/1974, a notice under Sec. 10 (2) of Ceiling Act was issued to him proposing 32 bighas, 8 biswas and 14 dhur land situate in Village Tirhut to be declared as surplus. Sri Badri Pratap Singh has submitted his objections before the Prescribed Authority on 21/5/1974, wherein he inter alia stated that he had sold away some lands.