MOHAMMAD MUZAFFAR Vs. IIIRD ADDITIONAL DISTRICT JUDGE MUZAFFARNAGAR

JUDGEMENT

(1.) THIS writ petition is directed against the judgment of the Third Additional District Judge, Muzaffarnagar dated 28th April, 1975 holding that 7 Bighas 3 Biswas 17 Bis-wansi land of the petitioner was liable to be declared as surplus.

(2.) IN response to the notice issued under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as "the Act"), the petitioner filed an objection and claimed that as he had two adult sons he was entitled to four hectares of additional land under clause (a) of Section 5 (3) of the Act. The claim of the petitioner was repelled by the Prescribed Authority on the finding that since those two adult sons of the petitioner were Pakistani national and were not INdian citizens, the petitioner was not entitled to additional land for those sons. IN appeal the finding of the Prescribed Authority was maintained. Hence this writ petition.

(3.) IN the result, the writ petition succeeds and is allowed. The judgments of the learned Additional District Judge, Muzaffarnagar dated 28-4-1975 and that of the Prescribed Authority dated 19-12-1974 are quashed and the case is sent back to the Prescribed Authority to recalculate the ceiling area of the petitioner in accordance with law and in the light of the observations made above. The petitioner will be entitled to the refund of the entire amount deposited by him in pursuance of the interim order dated 29-9-1975. There will be no order as to the costs. Petition allowed.