BADI BAHU Vs. STATE OF U P

JUDGEMENT

(1.) SHITLA P. Srivastava, J. This petition under Article 226 of the Constitution of India has been filed by the petitioner, against an order dated 3-2-88 passed by the Additional Commissioner Jhansi Division, Jhansi in Appeal No. 133/85, 95/85- 86 under Section 13 of the U. P. Imposition of Ceiling on Land Holdings Act which was filed against the judgment dated 29-3-85 passed by the Prescribed Authority. The petitioner has prayed for quashing the or ders passed by the Prescribed Authority as well as by the appellate authority.

(2.) THE brief facts leading to the present writ petition are that after service of notice under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act, (hereinafter referred to as the Act only), the petitioner filed objection that entire hold ing is unirrigated; two crops were never grown by the petitioner. THEre is no Schedule I or B canal in the village. THE land of the petitioner do not fall in the command area of the tube-well and the petitioner ex ecuted a gift-deed dated 21-9-71 for an area of 67. 03 acre to her four daughters who are in possession and their names have been mutated. That land should be excluded from the petitioner's holding. Before the Prescribed Authority, the State produced Lakhpal as a witness to prove the availability of irrigation facility. THE petitioner examined witnesses.