PHUNDI LAL Vs. CIVIL JUDGE, JHANSI AND OTHERS

JUDGEMENT

(1.) THIS writ petition is directed against the judgment of Civil Judge, Jhansi dated November 4, 1978 in Misc. Civ-1 Appeal No. 273 of 1975, Phundi Lal v. State of U. P.

(2.) ONE of the points raised by the learned counsel for the peti­tioner before me is that the petitioner's land has wrongly been held by the appellate authority as single crop land. He has further con­tended that the burden has been placed wrongly on the shoulders of petitioner to indicate that he has failed to establish that the land of the petitioner was not Ek Fasla. In Section 4 of the U.P. Imposition of Ceiling on Land Holdings Act it has been provided as below: - "For purposes of determining the ceiling are under Section 5 or any exemption under Section 6-

(3.) IN my opinion when the ceiling authorities decide a particular plot as a single crop area it is the duty of the ceiling authorities to indicate that the plot was unirrigated land but capable of producing only one crop in an agricultural year in consequence of assured irri­gation work.