RAKESH PATI TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) V. K. Shukla, J. Petitioners of both the writ petitions are assailing the validity of the order dated 31. 12. 1996 passed by Prescribed Authority in pro ceedings under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act, 1960, and as affirmed in Appeal by Additional Commissioner (Judicial) Gorakhpur Division, Gorakhpur on 15. 12. 1998.

(2.) BRIEF fact as are reflected from the pleadings as set out are that proceed ings under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 were undertaken by issuing notice to Smt. Saraswati Devi W/o Awadhesh Saran R/o Village Mohammadpur, Tappa Biraicha Pargana Haveli Tehsil Sadar District Maharajganj on 7. 3. 1981 wherein 18. 20 acres of land was proposed to be left out and rest of the land 43. 85 acres was proposed to be declared surplus. On 30. 4. 1988 proposed determination was finalised by the Prescribed Authority, there after an application was moved for setting aside said order by Girishpati Tripathi, Rakeshpati Tripathi and others and second application was moved by Saraswati Devi herself. Both the restoration applications were accepted and proceedings in question were restored and ex-parte order dated 30. 4. 1988 was set aside and thereafter on 31. 12. 1996 the matter was reheard and earlier order was maintained declaring 43:85 acres of land as surplus. Against the said order separate appeal in question had been preferred. Said appeal in question has been dismissed. At this juncture present writ petition has been filed.

(3.) AFTER pleadings mentioned above have been exchanged in both the writ petitions, both the writ petitions have been taken up for final hearing with the consent of the parties for final hearing and disposal.