MAHENDRA PRATAP SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of present writ petition petitioner has approached this Court for setting aside the order passed by respondent Nos. 2 & 3 dated 30.4.1991 and 30.6.1990 respectively.

(2.) The facts arising out of present writ petition are that a notice under Section 10(2) of U.P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Act) was issued against father of petitioner and in pursuance of aforesaid notice, proceedings were initiated and finally it was terminated on 16.10.1979. In the said proceeding the petitioner s father took an objection that land in dispute is shirkhudkast and grove coming out since the time of his ancestors and consequently the present petitioner having share in the property in dispute was born prior to the date of vesting. The Prescribed Authority found that petitioner was born prior to the date of vesting and land in dispute is shirkhudkast and ancestor, therefore, notices were issued against father of petitioner was discharged. After discharge of notice the father of petitioner executed a registered will in favour of their grandsons on 26.10.1978. The father of petitioner died in the year 1980. Proceeding against father of petitioner has become final.

(3.) Again notice under Section 10(2) was issued against petitioner in the year 1985 declaring 14.96 acres as surplus. An objection was taken by petitioner that a sale deed after finalization of proceeding against father of petitioner, father of petitioner executed a will deed in favour of their grandsons and they are in possession of the land in dispute of their respective shares and they are adult, therefore, that land cannot be included in the holding of petitioner. But in spite of aforesaid fact, Prescribed Authority has not accepted the claim of petitioner and the Appellate Authority too has rejected the claim declaring an area of 14.96 acres as surplus.