ANAND KISHOR DEVACHARAYA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Karunakar Srivastava, Advocate, the learned counsel for the petitioner and Shri Sarvesh Kumar Mishra, the learned Standing Counsel.

(2.) By means of the instant Writ Petition filed under Article 226 of the Constitution of India, the petitioners have sought quashing of an order dtd. 29/7/1999 passed by the Additional District Magistrate/Prescribed Authority under the Ceiling Act, Balrampur, in Case No.7/8 under Sec. 10 (2) of U. P. Imposition of Land Holdings Act, 1960 (hereinafter referred as Ceiling Act). The petitioners have also sought quashing of an order dtd. 15/4/2015 passed by Additional Commissioner (Judicial), Devi Patan Division, Gonda dismissing Appeal No.5/43 under Sec. 13 of the Ceiling Act, which was filed against the aforesaid order dtd. 29/7/1999 passed by the Prescribed Authority.

(3.) It has been stated in the writ petition that proceedings under the Ceiling Act had been initiated against Maharani Rajlaxmi Kumari and Maharaja Dharmendra Pratap Singh and some of their lands had been declared surplus by means of an order dtd. 26/4/1990 While declaring surplus lands of Maharani Rajlaxmi Kumari and Maharaja Dharmendra Pratap Singh, land bearing Gata No.1788/1.86 acre (New Gata No.774/1.671 acre) was also included in their surplus lands whereas this land had already been recorded in the name of ancestors of the petitioners by means of an order dtd. 27/1/1968 passed by the Consolidation Officer.