STATE OF U P Vs. DISTRICT JUDGE VARANASI

JUDGEMENT

(1.) These three writ petitions have been preferred by the State of U. P. against the judgment of the District Judge. VaranasL passed in Ceiling appeals Nos. 45 of 1979. 455 of 1979 and 12 of 1980.

(2.) Gyan Das and his two sons, Sri Kumar Agrawal and Vinod Kumar Agrawal filed separate statements under Section 6(1) of the Urban Land (Ceiling and Regulation) Act (hereinafter referred to as the Act). After survey, the draft statements were served under Section 8(3). Against the draft statements, four objections were filed. These objections were by Gyan Das, Sri Kumar Agrawal and Vinod Kumar Agrawal and Pravin Kumar, minor son of Gyan Das. The main objection of Gyan Das was that the entire property was the joint Hindu family property consisting of Gyan Das, and his aforesaid three sons and, as such, each one of the members had one fourth share. Similar objections were filed by his sons Vinod Kumar, Sri Kumar and Pravin Kumar (minor).

(3.) The Competent Authority consolidated all the cases and proceed to decide them by a common judgment. The case of Gyan Das was made the leading case.