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SUBHASH VIDYARTHI
State of U. P. – Appellant
Versus
Additional Commissioner Admn. Lucknow – Respondent
JUDGMENT :
(Subhash Vidyarthi, J.)
By means of the instant Writ Petition filed under Article 226 of the Constitution of India, the petitioner - State of U.P. has sought quashing of an order dated 23.5.1998 passed by the Additional Commissioner (Administration), Lucknow Division, Lucknow allowing Appeal No. 287/291/92-93 under Section 13 (1) of the U.P. Imposition of Ceiling on Land Holdings Act, 1961.
2. Briefly stated, facts of the case are that a notice dated 19.11.1974 under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1961 (which will hereinafter be referred to as 'the Ceiling Act') was issued to Sri. Murlidhar Hakim, the recorded tenure holder of the land in question. He did not submit any reply to the notice and on 16.1.1975, the Prescribed Authority Ceiling (Second) Nighasan passed an order declaring land bearing Gata No. 197 Ga having an area of 7.78 acres, Gata No. 200 Kh having an area of 8.72 acres, Gata No. 202 M having an area of 7.812 acres, Gata No. 203 having an area of 1.00 acres and Gata No. 207 Sa having an area of 3.62 acres, total 28.93 acres, situated in village Mahangapur, Pargana Palia, Tahsil Nighasan, District Kheri to be the surplus
The appellate order allowing claims of adverse possession was quashed due to lack of evidence and presumption of collusion with the tenure holder.
Imposition of Ceiling on Land Holdings Act does not permit retroactive scrutiny of land transfers pre-dating statutory cut-off; failure to follow judicial precedents constitutes a breach of natural j....
The legal heirs of a recorded tenure holder are entitled to contest the determination of surplus land, and compliance with notice requirements is essential for the validity of proceedings.
The court established that land transfers made after the reference date under the Ceiling Act are not valid for determining surplus land, and the burden of proof regarding the classification of land ....
The court emphasized the importance of establishing the irrigation status of land and the applicability of definitions under the Ceiling Act in determining surplus land.
Recognition of rights based on adverse possession and possession prior to the cutoff date under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.
The appellate authority’s reliance on will deeds for land titling, based on proper evidence and administrative remand, was upheld, confirming that past rulings subject to reconsideration do not apply....
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