STATE OF U P Vs. KUNWAR BHARAT SINGH

JUDGEMENT

(1.) DEVI Prasad Singh, J. Present writ petition has been filed by the State feeling aggrieved by the impugned order dated 31st of January, 1981 passed by the Appellate Authority in pursuance to the power conferred by Section 13 of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 (in short referred as an Act) as well as the order dated 28th of February, 1979 passed by Prescribed Authority, copies of which have been filed as Annexure Nos. 5 and 4 to the writ petition.

(2.) THE short matrix of the case is that one Kunwar Bharat Singh was having two sons namely Arun Kumar Singh and Sri Ragunandan Singh. Arun Kumar Singh was the major son having 2 hectares of land in his own name. Sri Raghunandan Singh was alleged to be minor. By the order dated 30th of October, 1976, Sri Raghunandan Singh was declared major and his holding of two hectares of land was excluded from ceiling area.

(3.) HOWEVER, at later stage, the State has moved an application dated 14th of July, 1978 before the Prescribed Authority purported to have been filed under Section 13-A the Act raising objection against reduction of surplus land and the finding given by the Prescribed Authority as well as Appellate Court relating to granting of benefit to two sons of Kunwar Bharat Singh. The private respondent has filed an objection dated 25th of July, 1978. After providing the opportunity of having to the parties, learned Prescribed Authority had rejected the application by the impugned order dated 28th of February, 1979. Copy of the order dated 28th February, 1979 has been filed as Annexure No. 4 to the writ petition.