GOLI Vs. STATE OF U.P.

JUDGEMENT

(1.) C.M.A. No. 39082 of 2013 is an application seeking substitution of the legal heirs of deceased-respondent No.5.

(2.) Under challenge in this petition is an order dated 11.03.2008, passed by the Additional Commissioner, Devi Patan Division, Gonda, whereby the leases said to have been executed in favour of the petitioners in respect of the land comprised in Gata Nos. 353, 467 and 226/706, situate in Village Majhauli, Pargana and Tehsil Tulsipur, District Balrampur have been cancelled under Sec. 27(4) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960.

(3.) It appears that the proceedings under Sec. 10(2) of the said Act were initiated against the tenure holder-Bhupendra Pal Singh. It also transpires from the pleadings available on record that Bhupendra Pal Singh owned land situated in Village Majhauli, Village Pakri Patoha, Village Dakauli Dalpur and Village Lalganj in District Gonda (now District Balrampur). The Prescribed Authority, vide his order dated 31.07.1976 declared certain land including the land in question comprised in Gata Nos. 353, 467 and 226/706, situate in Village Majhauli as surplus under Sec. 10(2) of the Act. The said order passed by the Prescribed Authority on 31.07.1976 was, however, subjected to challenge by the tenure holder by filing an appeal which was dismissed by the then District Judge. However, on a writ petition preferred by the tenure holder against the said order dated 31.07.1976, passed by the Prescribed Authority and also against the appellate order passed by the District Judge, the matter was remanded to the District Judge. On remand by this Court, the District Judge, vide his order dated 17.07.1980 set aside the order dated 31.07.1976, passed by the Prescribed Authority and accordingly, remanded the matter to him for decision afresh.