DASODA SINGH Vs. AYUKT LUCKNOW DIVISION LUCKNOW

JUDGEMENT

(1.) Heard Sri V.K. Pandey, the learned counsel for the petitioner and Sri S.P. Maurya, the learned Standing Counsel.

(2.) By means of the instant writ petition filed under Article 226 of the Constitution of India, the petitioners have challenged the validity of an order dtd. 27/2/2007 passed by the Prescribed Authority Ceiling Act/Additional Collector, Kheri in Case No. 37/2004-05 under Sec. 10(2) Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972, whereby 5.38 hectares land of the petitioners situated in Village Sumerpur, Pargana and Tehsil Palia, District Lakhimpur Kheri was declared surplus and proceedings for taking possession of that land were initiated. The petitioners have also challenged the validity of an order dtd. 25/7/2008 passed by the Commissioner, Lucknow Division, Lucknow dismissing Appeal No. 102/2006-07 under Sec. 13(2) of the U.P. Imposition Of Ceiling On Land Holdings Act, 1960 (hereinafter referred as "Ceiling Act") field against the aforesaid order dtd. 27/2/2007.

(3.) Briefly stated, the facts of the case are that 4.50 acre un-irrigated land of the petitioners' father Gargaj Singh was declared to be surplus by means of an order dtd. 30/6/1979 passed by the Prescribed Authority in Case No. 73/1959 under Sec. 10(2) of the Ceiling Act. The petitioners' father had filed an appeal against the aforesaid order, which was allowed by the learned District Judge by means of an order dtd. 16/1/1980 and the order was modified by reducing the surplus land area to 4.10 acres.