MAHENDER KAUR Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed by Smt. Mahender Kaur, widow of Wing Commander Late Pritam Singh, resident of village Gumsani, district Naini Tal, against the judgment of the First Additional District Judge, Naini Tal, allowing Ceiling Appeal No. Ill of 1981, Raghubir Singh v. State of U. P. and Ceiling Appeal No. 112 of 1981, Dalvinder Singh v. Smt. Mahender Kaur and another.

(2.) THE facts of the present writ petition are these : A notice under Section 10 (2) of U. P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as 'the Act'), was served on the petitioner Smt. Mahender Kaur proposing to declare certain area of land with her as surplus. Smt. Mahender Kaur sold 40 Bighas of plot No. 334-M, situate in village Gumsani, and 40 Bighas of plot No. 6-M, situate in village .Bichpuri, through a registered sale deed dated January 1, 1974, in favour of one Gurdev Singh, son of Piara Singh, resident of village Gumsani, for a total consideration of Rs. 37,500/-. She also sold 64 Bighas of the aforesaid plot No. 334-M, through a registered sale deed dated May 10, 1974, in favour of Raghubir Singh, Jasvir Singh, and Rajpal Singh for Rs. 30,000/-. Apart from these two sale deeds of village Guroasni, she also executed a third sale deed dated May 1O, 1974, in respect of 64 Bighas of plot No. 6M, situate in village Bichpuri. in favour of Dalvinder Singh for a total consideration of Rs. 30,000/-. Smt. Mahinder Kaur filed objections contending that the statement given in CLH From 3 of Part C was incorrect as she had transferred major part of her holding through the aforesaid sale deeds. Gurdev Singh, Raghubir Singh, Jasvir Singh, Rajpal Singh, and Dalvinder Singh, who were the purchasers, also filed objections before the Prescribed Authority.

(3.) IN accordance with the observations of the Supreme Court, the petitioner gave her choice on 21st May, 1981, to retain the land in the ceiling area This was, however, subsequently changed and the ultimate choice given was as below ; Village Gumsani plot 334M Area 87 Bigha. Village Bichpuri plot 6M Area 86 Bigha 2 Biswa.