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1977 Supreme(All) 141

R.M.SAHAI
Ghasi Ram – Appellant
Versus
State of U. P. – Respondent


Advocates:
B.B. Paul, for Petitioner; Standing Counsel, for Opposite Parties.

ORDER :- In response to the notice issued under S. 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act), the petitioner raised a number of objections. One of the objections was that Plot Nos. 1674, 1679, 1714 and 1717 of village Rajpur were not irrigated land.

2. The prescribed Authority examined the revenue extracts and held that two crops appeared to have been grown on the plots in dispute. On the basis of oral statement of Naib-Tahsildar he held the land in dispute to be irrigated. The Appellate Court dismissed the appeal on the finding:-

" I have gone through the copies of Khasras for the years 1378 to 1380 Fasli on the record. In the aforesaid plots the source of irrigation recorded is tube-well boring, well and tube-well. Further in the Khasras two crops have been recorded in the fields."

3. The basis for determination of ceiling area is the nature of the land. In 1960 Act it was fair quality land and since 1973 it became irrigated land. To ensure uniformity and equality amongst the tenure-holders the Legislature itself laid down the basis for determining the fair quality of irrigated land. Considering the non-availability of















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