BHUPENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) S. U. Khan, J. Heard learned counsel for the parties.

(2.) CEILING proceedings were initiated and finalised against petitioner's father Shanti Swaroop and it was held that Sri Shanti Swaroop did not possess any surplus land. An area of 16 bigha 15 biswancy land comprised in plot Nos. 762 to 772 belonging to the petitioner's father was held to be grove land. Thereafter, father of the petitioner died and half of the agricultural land held by petitioner's father was inherited by the petitioner. (Rest half was inherited by the other brother of the petitioner ). Petitioner apart from inherited land of his father had some other agricultural land also. The State was of the opinion that the agricultural land already held by the petitioner and the agricultural land inherited by him from his father taken together exceeded the ceiling limit under U. P. Imposition of CEILING on Land Holdings Act, 1960. Accordingly notice under Section 10 (2) of the Act was issued to the petitioner. Prescribed authority, Sardhana District Meerut before whom the case was registered as Case No. 14, State v. Bhupendra Singh, decided the matter on 1. 5. 1985 and held that petitioner did not possess any surplus land. Before the prescribed authority, petitioner contended that he owned plot bearing No. 1512 area 19 bigha 17 biswa held by him was grove land. Prescribed authority himself inspected the spot and accepted the said contention. Against order of prescribed authority dated 1. 5. 1985, State filed Appeal No. 3 of 1986. Additional Commissioner, Meerut Division, Meerut allowed the appeal on 19. 1. 1987, set aside the order passed by the prescribed authority and confirmed the notice through which 19 bigha 13 biswa and 7 biswancy land of the petitioner in terms of the irrigated land was proposed to be taken as surplus land.

(3.) RANJIT Singh in his book 'fruits' published by National Book Trust, India, Second Edition (1992) has observed on pages 37-38 as follows : "seedling trees also grow very large and require to be planted up to 60 feet apart, (seedling tree in local dialect is called Beejua or Tukhmi ; Beej and Tukhmi (means 'seed' in English ). It is also mentioned in the said book on page 38 that "a variety like langra needs to be planted 50 feet apart, whereas a distance of 3o to 35 feet is adequate for Dashehri under the same conditions. "