PRAKASH SINGHS Vs. STATE OF U P

JUDGEMENT

(1.) Proceedings under Section 10 (2) of U. P. Imposition of Ceiling on Land Holdings Act, 1960 were initiated in respect of agricultural lands of Prakash Singh. Harpal Singh and Dilip Kaur wherein by order dated 30.4.1983, it was decided that an area of 2.20 acres is surplus land of Smt. Dilip Kaur and 2.22 acres of each of other two persons. Three appeals were preferred against the said order which were dismissed. The present petitioners moved application under Section 13A of the said Act to give effect to the said order dated 30.4.1983 and firstly an area of 18.4 acres each may be measured, only then surplus land can be taken into possession. By order dated 22.1.1983, the said application was rejected. Appeals filed against them were also dismissed. With the aforesaid contentions and challenging the said orders, this writ petition was filed.

(2.) Counter-affidavit and rejoinder-affidavit were filed.

(3.) After perusing the materials on records and hearing the learned counsel for the petitioners, it appears that the original three owners sold the land to four persons on 24.1.1971 and each having purchased twelve and half acres, total land sold was 50 acres. Surplus land was declared under the Ceiling Act on 31.12.1974 holding that there was an excess land of 56-57 acres and this finding was confirmed upto Hon'ble Supreme Court. The purchasers filed an application on 19.3.1981 for cancellation of order dated 31.12.1974 and for allowing them to file objection and the same was rejected by order dated 24.3.1981. The appeals preferred against the same were allowed on 28.11.1981 and applications were remanded. All three said proceedings were consolidated and by order dated 30.4.1983, 6.67 acres of lands were declared surplus. The appeal filed against the same was dismissed on 28.4.1987.