JUDGMENT

S.N. Sahay, J. - The only question which arises for determination in this writ petition is whether plot No. 89A is an irrigated land or not within the meaning of Section 4A of the U.P. Imposition of Ceiling on Land Holdings Act, 1960. It was held by the Prescribed Authority that the above mentioned plot is an irrigated plot. But this finding was reversed in appeal by the learned IInd Additional District Judge, Bahraich. He has taken the view after examining the entries in Khasra of 1380 fasli and entries made in the notice issued under the aforesaid Act that the said plot is unirrigated land.

2. Learned counsel for the petitioner has relied on the provisions of Section 4A and the findings recorded by the Prescribed Authority. The material portion of Section 4A reads as follows:

The prescribed authority shall examine the relevant khasras for the years 1378 Fasli 1379 Fasli and 1380 Fasli, tie latest village map and such other records as it may consider necessary, and may also make local Inspection where it considers necessary, and thereupon if the prescribed authority is of the opinion: thirdly,

(a) that any land is situated within the effective command area of a lift irrigatio