Judgement

DWIVEDI, J. :- The appellant, the Agricultural & Industrial Syndicate Ltd., is the tenure-holder of a large area of land in two villages in the district of Saharanpur in Uttar Pradesh; Aithal Buzurg and Bukkanpur. Some of its land have been declared as surplus land under the U.P. Imposition of Ceiling on Land Holding Act (hereinafter referred to as the Ceiling Act). It went in appeal against the order declaring surplus land to the district Judge, but without success. Its writ petition has been partly allowed and partly dismissed by the Allahabad High Court. This appeal, by special leave, is directed against the latter part of the order of the High Court.

2. The scheme of the Ceiling Act is to allow a tenure-holder to retain such of his plots as are assigned to him as his ceiling area and to acquire the remaining plots as surplus land. The celling area and the surplus had are determined by the Prescribed Authority appointed under the Ceiling Act. The Prescribed Authority issues a general notice calling upon all the tenure-holders of a village to file a statement in respect of their holdings. Under Section 9 a tenure-holder filed his statement in respect of all his holdings