SANTOSH SINGH Vs. ADDITIONAL COMMISSIONER ADMINISTRATION BAREILLY

JUDGEMENT

(1.) This writ petition is directed against the order 30.12.1976 passed by the Prescribed Authority, respondent No. 2, and the orders dated 14.11.1996 and 5.12.1997 passed by respondent No. 1.

(2.) The dispute relates in respect of plot No. 258 area 2.25 acres. The petitioner claims that he purchased this plot through a registered sale deed on 20.11.1974 executed by Chanan Singh, respondent No. 4. The proceedings for declaration of surplus land took place under the provisions of U. P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act) against respondent No. 4. He was issued a notice under Section 10 (2) of the Act on 4.5.1974. He was served with the notice on 16.11.1974. On 20.11.1974, the petitioner purchased the disputed plot from him.

(3.) The Prescribed Authority declared an area of 8.77 acres of land as surplus land of respondent No. 4. He filed an application to recall the said order on 3.7.1976. The said restoration application was rejected by the Prescribed Authority on 14.7.1976. He filed appeal before the Additional Commissioner, respondent No. 1. Respondent No. 1 allowed the appeal by his order dated 26.8.1976 and remanded the case to the Prescribed Authority to determine the area of surplus land of respondent No. 4 after affording opportunity of hearing to him. The Prescribed Authority after remand of the case afforded opportunity of hearing to respondent No. 4 and passed the order on 30.12.1976 declaring 2.25 acres of land as surplus. Respondent No. 4 thereafter did not file any appeal against the order of Prescribed Authority dated 30.12.1976.