BALBIR AND ORS. Vs. ADDL. COMMISSIONER AND ORS.

JUDGEMENT

(1.) HEARD Sri Pradeep Kumar Rai learned counsel for the petitioners and Sri S.C. Verma for the respondents.

(2.) THE petition arises out of proceedings under the U.P. Imposition of Ceiling on Land Holdings Act and seeks quashing of the order dated 26.12.2006 passed by the respondent No. 1, Additional Commissioner, Saharanpur Division, Saharanpur and the order dated 31.10.1992 passed by the respondent No. 2, the Prescribed Authority.

(3.) BY an order dated 31.05.1976 an area of 55 bigha 2 biswa 16 biswansi was declared surplus in his hands. On an appeal it was held that only 6 bigha 11 biswa was surplus in the hands of the tenure holder and in its pursuance, on 04.04.1977 an amaldaramad was made, but by mistake only an area 1 bigha 9 biswa 17 dhoor was taken possession of. An area of 5 bigha 1 biswa 3 dhoor was not taken possession of. When this mistake was detected another parvana amaldaramad was issued on 28.07.1979 as regards this remaining area.