MUNNI DEVI Vs. ADDITIONAL COMMISSIONER BAREILLY DIVISION

JUDGEMENT

(1.) -By means of this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing the orders dated 30-3-1989 and 4-5-1987 passed in proceedings under Section 29 of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 (for short the Act).

(2.) THE petitioner has in her possession an area of 113.12 acres of land, whereas under law she was entitled to retain only 18.02 acres of land. A notice under Section 29 of the Act was served on her as some additional land indicated under Section 29 (a) and (b) has come in her possession, which makes it obligatory on the part of the State to redetermine the ceiling area. Consequently the petitioner was directed to show cause as to why not the land in her possession be declared surplus being more than 18.02 acres. Seven issues were framed. Issue no 6 was to the effect as to whether the subsequent notice for re-determination of the land was time barred. THE Prescribed Authority vide order 20-4-1987, held that it was not time barred. Against that order an appeal was preferred which was dismissed as not maintainable by order dated 30-3-1989.

(3.) APPLYING the periori and posteriori reasonings, I am of the view that there are no merits in the present petition and the same deserves to be dismissed.