2010 Supreme(All) 2461

`[2010(8) ADJ 12 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : MRS. POONAM SRIVASTAV, J.
STATE OF U.P. ......Petitioner
Versus
HARISH CHANDRA AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 17554 and 17553 of 1991, decided on 29th July, 2010)

.

Headnote:U.P. Imposition of Ceiling on Land Holdings Act, 1960—Section 10—Surplus land—Land in excess of Ceiling Limit—Notice—Challenge against—Petitioners were issued notice under Seciton 10 whereby it was proposed that one 'C' had surplus land of 4.32 acres—No adjudication on the question as to whether respondent No. 1 was major son of "C" and he had a claim and share in property and whether his claim if taken into consideration then its effect, specially viz-a-viz the land declared surplus—Appellate Authority was of the view that notice issued to respondents was illegal and is liable to be discharged after taking into consideration and allocation of shares of all the major sons—Respondent No. 1 was major son on the date when notice under Ceiling Act was issued—State has not been able to substantiate its case.

       Petitions Dismissed.