GURDEEP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel representing the State-respondents and perused the record available on this petition.

(2.) This petition filed under Article 226 of the Constitution of India challenges the validity of the order dated 20.03.2007 passed by the Prescribed Authority (Ceiling)/Additional Collector, Kheri whereby an area of 1.116 hectare in irrigated terms has been declared to be surplus under the provision of Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as ''Ceiling Act'). The petitioner also challenges the order dated 26.06.2008 passed by the Commissioner, Lucknow Division, Lucknow on an appeal preferred by him under Section 13 of the Ceiling Act against the order dated 20.03.2007 passed by the Prescribed Authority.

(3.) A notice under Section 10 (2) of the Ceiling Act as amended was issued to Gurdeep Singh (predecessor-in-interest of petitioner nos. 1/1 and 1/2, who have subsequently been substituted as petitioners in this petition) proposing to declare an area of 6.363 hectare of land as surplus in irrigated terms. Gurdeep Singh filed objection to the said notice stating therein that he is recorded in respect of only an area of 5.265 hectare over which he is in possession which is less than the ceiling limit under the Ceiling Act and that area of 5.409 hectare recorded in the name of Smt Prakash Kaur, daughter of Indra Singh has wrongly been clubbed in his land for the reason that Smt Prakash Kaur is his divorced wife under the decree dated 10.05.1984 passed by the civil court. Several other objections were taken by Gurdeep Singh, such as plot no.49 having an area of 1.250 hectare situate in village Mirzapur has been waterlogged for years and hence this benefit should be given to him. It was contended by Gurdeep Singh that plot nos.53 and 124, situate in village Mirzapur are recorded in the name of his sons, Rajendra Singh and Gurnam Singh on the basis of will executed by their grand father, Kartar Singh and that both sons are adults and are married and they have been living separately and hence the area of these two plots has also been clubbed wrongly with the tenure of Gurdeep Singh. In respect of plot no.368 having an area of 2.236 hectare, it was also stated by Gurdeep Singh that one fourth portion of the said plot was purchased by Rajendra Singh from his own resources which was subsequently sold in favour of Harpreet Singh and Gurpreet Singh. Further contention made by Gurdeep Singh in response to the notice was that the entire land is unirrigated and yields only one crop, hence the recital made in the notice that entire land is irrigated, is wrong.