PRITAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) S. P. Srivastava, J. Feeling ag grieved by the order of the prescribed authority in the proceedings under Sec tion 10 of the U. P. Imposition of Ceiling on Land Holdings Act, determining the ex tent of the surplus land of Pritam Singh, the petitioner No. 1 treating the land in dispute which was the subject-matter of the sale deed dated 11-8-1970 executed by Pritam Singh in favour of his sons Surjit Singh and Surendra Singh as continuing to be held by Pritam Singh, ignoring the said transfer rejecting the objections of the Petitioners No. 2 and 3 claiming to be exclusive tenure holders in possession thereof, the present writ petition has been filed by the father, Pritam Singh as well as his sons Surjit. Singh and Surendra Singh seeking the quashing of the orders of the respondent No. 3, the prescribed authority as affirmed in appeal by the respondent No. 2 only in so far as the decision on issues No. ' 2,5 and 7 are concerned.

(2.) I have heard Sri G. N. Verma, learned Counsel for the petitioners and the learned Standing Counsel repre senting the respondents and have carefully perused the record.

(3.) THE prescribed authority vide the order dated 31-3-1995 upheld the objec tion of Pritam Singh and concluding that the entire area of the agricultural holding of which Pritam Singh could be held to be Bhumidhar could not exceed 35 bighas excluding the area transferred by him under the aforesaid sale deed discharged the notice treating the entire area held by Pritam Singh to be well within the ceiling limit. However, later on subsequent to the amendments made in the Ceiling Act in the year 1973, 1975 and 1976 fresh proceedings were initiated for determina tion of the extent of Surplus land held by Pritam Singh. THE aforesaid matter came up for consideration by this Court in Civil Misc. Writ Petition No. 3687 of 1977 decided on3-4-1979.