RAJEEV RATAN Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition arises out of the U. P. Imposition of Ceiling on Land Holdings Act, hereinafter described as the Act.

(2.) THE brief facts are these :- A notice was issued u/Sec. 10 (2) of the said Act to the petitioner by the Prescribed Authority and the former filed objections. Inter alia, one of the objections was that a transaction of sale effected by a registered sale deed dated 29th October, 1971 relating to 12.30 acres of land was being wrongly disregarded in the said proceedings and that the said transaction should have been accepted and the area of the sale deed should have been excluded from the total land in the possession of the petitioner. THE Prescribed Authority did not accept the said contention and held that the transaction which was post-24th January, 1971 was not a genuine one. THE petitioner went up in appeal to the lower appellate court. In the order of the lower appellate court while the petitioner's objection about certain land treated as irrigated was accepted by the said Court and relief was allowed to the petitioner on the said ground, nothing was said about the disputed sale deed. However, it is stated in the order of the lower appellate court that "no other point was either argued or pressed." THE petitioner has come up in the instant petition to this Court and in support there of I have heard his learned counsel Shi S. S. Agnihotri. THE learned Standing Counsel has been heard in opposition.

(3.) THIS petition fails and is dismissed but in the circumstance there will be no order as to costs. Petition dismissed.