RAJENDRA SINGH Vs. ADDL COMMISSIONER JHANSI DIVISION

JUDGEMENT

(1.) -This writ petition arises out of proceedings under U. P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Ceiling Act). Respondent No. 4 Rameshwar Singh was tenure holder of the agricultural land in dispute. Ceiling proceedings were initiated against him in the form of Case No. 260 which was decided on 2.3.1983 by prescribed authority Kalpi district Jalaun. Through the said order 7.88 acres of irrigated land of respondent No. 4 was declared as surplus. Against the said order Appeal No. 99/101/10 of 1985-86 was filed by the respondent No. 4, which was dismissed on 12.2.1988 by respondent No. 1.

(2.) DURING pendency of appeal, petitioners filed impleadment application stating therein that one of the plots, i.e., plot No. 510 area one bigha, 16 biswa was wrongly treated to be held by respondent No.4 and it was actually the petitioners who were tenure holder of the said plot as they had matured their right through adverse possession against respondent No. 4 and they had also filed declaration suit under Section 229B of U.P.Z.A.L.R. Act which was pending at that time before S.D.O. It was further stated that petitioners were recorded in column No. 9 in the revenue records against the plot in dispute. Affidavit in support of impleadment application was filed on 8.11.1985. It may be mentioned that respondent No.4 had indicated his choice regarding surplus land to be taken by the State and plot No. 510 was included in the said choice.

(3.) FROM perusal of the said judgment, it is clear that the respondent No. 4 who was-defendant in the said suit filed written statement but thereafter absented himself hence case was decided ex parte.