Point of Law:
Under section 3 (9) of the Act a “holding” is defined as land or lands held by a person as Bhumihar, Sirdar or Asami of Gaon Sabha or Asami as mentioned in Section 11 of the U.P.Z.A. and L.R. Act, or as a tenant under the U.P. Tenancy Act, other than as a subtenant or as a Govt.

JUDGMENT :

SANGEETA CHANDRA, J.

1. This Writ Petition has been filed by the petitioner Ram Chandra son of Kamta Prasad challenging the order dated 13th March, 2001 passed by the Prescribed Authority Ceiling/Additional Collector, Hardoi, hereinafter referred to as respondent No. 3, and the order dated 29.12.2001 passed by the Additional Commissioner (Judicial), Lucknow Division, Lucknow, hereinafter referred to respondent No. 2 rejecting the Appeal of the petitioner.

2. By means of the order impugned 0.675 hectares of land in Plot No. 385 in Village Magrapur, Pargana Pandarwa, Tehsil Shahabad, District Hardoi, has been declared surplus under the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act).

3. It has been submitted that notice was received by the petitioner along with Prescribed Form 3A, B, and C, to which he submitted his objections on 12.12.2000. He stated clearly that on 08.06.1973, the petitioner was not the tenure holder of Plot number is 121, 275, 393, 295, 265 and 385 in Village Mangrapur. His father Kamta Prasad along with his two brothers Prabhu Dayal and Jagannath Prasad Sons of Devi Prasad, were the tenure holders with 1/3rd share each in the aforesaid six plots. Jagannath Prasad died issueless in November 1973 and Prabhu Dayal died issueless in January 1975. After the death of his two brothers the father of the petitioner Kamta Prasad became the tenure holder of the aforesaid six plots of land. Plot Nos. 192 and 316 in Village Baddapur had been purchased by the petitioner out of his own resources. On 08.06.1973, his father was the tenure holder along with his brothers. If on 08.06.1973 Kamta Prasad his father is treated as a unit, then the petitioner being his adult son was entitled to 2 hectares of land additionally. At the time of the death of his father in 1979, there were six family members in the petitioners’ family and the number of family members being more than five, the petitioner was entitled to be given at least 2 hectares of land additionally. Moreover, he had one adult son Shyam Srivastava living with him who was entitled to 2 hectares land additionally.

4. On the basis of the objection raised by the petitioner, the Prescribed Authority framed five issues/points for determination. They were as follows:-

(1) Whether on 08.06.1973 the petitioner’s father Kamta Prasad was the tenure holder of the property in question and the petitioner being his adult son was entitled to additional 2 hectares of land?

(2) Whether at the time of the death of the petitioner’s father there were six members in the petitioners’ family and the effect thereof?

(3) Whether at the time of issuance of notice to the petitioner there were seven members in the petitioner’s family and to what effect?

(4) Whether looking into the number of members of the family the petitioner was entitled to hold 9.30 hectares of irrigated land?

(5) Whether the petitioner Ram Chandra son of Kamta Prasad, has a total of 8.546 hectares of land which can be treated to be 7.968 hectares of irrigated land which is beyond the permissible limit by 0.675 hectares?

5. The State Government opposed the petitioner’s objections and produced copies of Ceiling Prescribed Form Nos. 1, 1A, 2, 3, 3A, 3B, 3C, 4 and 5, along with CH Form-41 and extracts of the Khatauni of Khata Nos. 123 and 183 in Village Mangrapur and extract of Khatauni of Khata No. 86 of Village Baddapur relating to 1407 to 1412 Fasli and 1405 to 1410 Fasli respectively. Moreover the Area Lekhpal and the Kanungo were also examined on oath.

6. The petitioner on the other hand, produced copies of High School Certificates of his three daughters Kumari Poonam Srivastava, Kumari Neelam Srivastava and Kumari Shalini Srivastava respectively as well as the High School pass Certificates of his three sons, Shyam Srivastava, Gaurav Srivastava and Saurabh Srivastava. The petitioner also produced copies of Khatauni of the three Khatas in question of Village Mangrapur and Baddapur of