RAJ GOPAL MISRA Vs. PRESCRIBED AUTHORITY ROBERTSGANJ

JUDGEMENT

(1.) A notice under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Act) was served on the father of the Petitioners, whose name was recorded in the revenue records as tenure -holder. He filed an objection. On the date fixed for framing of the issues the counsel informed the prescribed authority that the said tenure -holder had died hence fresh notices be issued in the names of his legal representatives. The prescribed authority passed a specific order for issue of notices to the heirs of the deceased tenure -holders. Inspite of the said order notices were not issued and at a later stage another order for issue of notice was passed. Irrespective of that order notices were not issued and subsequently when nobody turned up on behalf of the objector, the Prescribed Authority decided the case ex -parte and declared certain land to be surplus. On acquiring knowledge of the said ex -parte order the Petitioners applied for setting aside that ex -parte order. Their application was rejected by the Prescribed Authority on the ground that once the objection was filed by the tenure -holder, the duty was of the heirs to pursue the objection. He further held that there was nothing to suggest that the Petitioners had no knowledge of the proceedings. The Petitioners thereafter went up in appeal. Their appeal was also dismissed. Aggrieved, the Petitioners have come to this Court under Article 226 of the Constitution.

(2.) LEARNED Counsel for the Petitioners has urged that Rule 19(4) of the U.P. Imposition of Ceiling on Land Holdings Rules (hereinafter referred to as the Rules) was not applicable to the present case as the objection was already filed by the deceased tenure -holder hence the Prescribed Authority was not right in not issuing notices to the legal representative of the deceased tenure -holder before finally passing the ex -parte order.

(3.) I have considered the arguments of the Learned Counsels for the parties. Rule 19(4) of the Rules is reproduced below: