RAM RAJA Vs. DISTRICT JUDGE BANDA

JUDGEMENT

(1.) Heard learned counsel for the parties. This writ petition arises out of proceedings under U.P. Imposition of Ceiling on Land Holdings Act 1960.

(2.) Earlier also the matter had come up to this court in the form of Writ Petition No.2336 of 1977 - Ram Raja vs. District Judge, Banda and others. The said writ petition was allowed on 29.11.1978. Copy of the said judgment has been supplied by the learned counsel for the petitioner. The only point which was argued in that writ petition was that one of the petitioner's sons was born on 2.1.1974 meaning thereby that on the crucial date i.e. 8.6.1973 he was in the womb of his mother hence he must be treated to be family member on 8.6.1973. The said point was accepted and matter was remanded for re-calculation of ceiling area/surplus land held by the petitioner. Thereafter matter was decided by the Prescribed authority/Sub Divisional Officer, Banda on 25.11.1982 and it was held that petitioner did not possess any surplus land.

(3.) The said order was passed in case no.23 /196. Copy of the said order is Annexure-2 to the writ petition. In the said order it is mentioned that in the family settlement dated 8.5.1969 petitioner got 103 bighas and odd land, however, in the amended notice on the basis of which proceedings were initiated it was shown that he possessed only 56 bighas and odd land. In the ultimate paragraph of the said judgment Prescribed authority held that on the basis of the notice which was given, petitioner did not possess any surplus land hence notice was discharged.