BITTAN KUNWAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS petition arises out of the proceedings under the U. P. Imposition of Ceiling on Land Holdings Act, 1S60. The facts, in brief, are these: The original petitioner in this case was Smt. Bittan Kunwar who died during the pendency of this petition and her legal representative has been brought on the record. The said deceased petitioner was issued notice under Section 10 (2) and objections were filed. They were decided by the Prescribed Authority by his order dated 10-2-1976, a true copy whereof is Annexure 1 to the petition. Thereafter an appeal was filed and the same was dismissed by the appellate Court by its judgment dated 24th July, 1976. Now, the petitioner has come up in the instant petition and in support thereof I have heard Shri B. Dixit, Learned counsel for the petitioner. In opposition, the learned Standing Counsel has made his submission. Only one contention is involved and it relates to plot No. 362, which has been treated as irrigated land by the authorities below. Shri Dixit contended that in the earlier ceiling proceedings this plot had been treated as unirrigated and, therefore, it was Bound to be treated as unirrigated in the subsequent ceiling proceedings also in view of the fact that there had been no change in the statutory position in the Ceiling Act since after the decision in the earliar ceiling proceedings. When the earlier ceiling proceedings were decided the determination of the land as irrigated or unirrigated that had to be done on the basis of the provisions contained in old rule 3 of the Rules fiamed under the Act. The said rule 3 was subsequently deleted but the provisions contained therein were almost bodily incorporated in Section 4-A of the Act. In my opinion, this aspect of the matter cannot be said to have changed the statutory position in such a manner that the ceiling authorities could reopen the earlier finding treating the said plot to be unirrigated. Accordingly this petition is allowed and the judgment of the appellate Court dated 24-7-1976 Annexure 2 is hereby quashed in so far as the said plot No. 362 has been treated as irrigated. The same shall be treated as unirrigated. The case is remanded to the prescribed authority for a fresh determination of the ceiling area and the surplus land after treating the said plot No. 362 as unirrigated land. No other controversy shall be allowed to be raised before the Prescribed Authority or before the appellate Court in case appeal is filed against the fresh decision of the Prescribed Authority. In the circumstances there will be no order as to costs.