GAJENDRA PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) SHISHIR Kumar, J. By means of the present writ petition the petitioner has approached this Court for issuing a writ of certiorari quashing the order dated 10. 11. 1987 (Annexure-5 to the writ petition) passed by the respondent No. 2 and order dated 26. 6. 1989 (Annexure-6 to the writ petition) passed by the respondent No. 3. Further issuing a writ in the nature of mandamus commanding the respondents not to give effect to the orders dated 10. 11. 1987 and 26. 6. 1989, passed by the respondent Nos. 2 and 3 and further commanding the respondents that they be restrained from dispossessing the petitioner from the land in dispute.

(2.) THE brief facts arising out of the present writ petition are that a notice under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act was issued to Rajvir Singh, who contested the said proceeding on number of grounds, as the objection was considered and the matter was determined by the appellate authority. However, in view of the notice issued to Rajvir Singh, a share belonging to the petitioner was also included for the purposes of declaration of surplus land. No notice as required under Rule 8 of the Rules, 1961 was ever issued by the respondents to the petitioner, with the result the land belonging to the petitioner and his brothers namely Bhanu Pratap Singh, Narendra Pratap Singh, Vijai Vir Singh, Krishna Vir Singh and Ramvir Singh were also included. When the petitioner came to know about the inclusion of his land in the khata of his uncle, he filed an objection under Section 11 (2) of the Act and prayed that the determination should be made to this effect. A copy of the said objection dated 20. 7. 1981 has been filed as Annexure-1 to the writ petition.