JUDGMENT :

HON'BLE CHANDRA KUMAR RAI

1. Heard Sri Satyendra Pratap Singh, learned counsel for the petitioner and Sri Krishna Mohan Mishra, learned counsel for the State.

2. Brief facts of the case are that plot no. 156 area 0.50 Dismal situated in village Ahirauli Rai, Tappa Parwarpar, Pargana Sidhuwa Jobna, Tehsil Kasya, District-Deoria at present District Kushinagar was purchased by the petitioner by way of a registered sale deed executed in his favour on 10.03.1960. In proceeding under Section 10 (2) of Uttar Pradesh Imposition of Ceiling on Land Holdings Act 1960 hereinafter to referred as Ceiling Act, the aforementioned plot no. 156 was declared as surplus vide order dated 19.02.1990 without any notice to petitioner accordingly petitioner filed an objection under Section 11 (2) of the Ceiling Act stating that petitioner had purchased the plot in question by way of registered sale deed from the then recorded tenure holder Laxmi Pratap Narayan Singh, but without any notice and opportunity to petitioner, the plot in question has been declared as surplus. State has filed his reply in the aforementioned proceeding under Section 11 (2) of the Ceiling Act. The Prescribed Authority vide