VYAS PRASAD Vs. ADDL. COMMISSIONER, GORAKHPUR

JUDGEMENT

(1.) This writ petition has been filed challenging the order passed by the Prescribed Authority / Chief Revenue Officer under the U.P. Imposition of Ceiling on land holdings Act, 1960 (herein after referred to as the Rural Ceiling Act) dated 7.12.1989 and the order dated 16.12.2002 passed in Appeal No. 109/278/18/G-1990 of the Additional Commissioner, Gorakhpur Division, Gorakhpur.

(2.) Heard Mr H.R. Mishra, learned Senior Advocate assisted by Mr K.M. Misra, learned counsel for the petitioner and Mr Pradeep Kumar, who has filed an impleadment application on behalf of the allottees of the land declared surplus with regard to proposed respondent Nos. 6 to 13, and Mr Aditya Kumar Yadav, learned Standing Counsel for the State.

(3.) Counsel for the petitioner, Sri H.R. Mishra, Senior Advocate arguing on the merits of the case has pointed out that the notice under Section 10(2) of the Rural Ceiling Act was issued on 12.11.1974 proposing to leave 18.02 acres of land with the petitioner and declaring 47.59 acres of land as surplus irrigated land. Later on, an amended notice was issued on 5.1976 under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, by which after leaving 18.02 acres irrigated land with the petitioner it was proposed to declare 50.72 acres as surplus irrigated land.