State of U. P. vs Brindavan Das - 1981 Supreme(All) 1120

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1981 Supreme(All) 1120

R. R. RASTOGI
State of U. P. – Appellant
Versus
Brindavan Das – Respondent

Advocates appeared:
A.P. Singh, Advocate, for the Appellant; Krishna Mohan Misra, Advocate, for the Respondent

ORDER

R.R. Rastogi, J. - These two writ petitions arise out of proceedings taken under the U. P. Imposition of Ceiling on Land Holdings Act (hereinafter the 'Act'). They can be conveniently taken up together.

2. The facts briefly stated are that one Mahant Ram Dass was served with a notice under Section 10 (2) of the Act along with the statement showing that he had 40.94 acres of land and after allowing the ceiling area admissible to him at 18.04 acres, he had 22.90 acres surplus. Before the notice could be served on him he died. After his death Brindavan Das made an application for being impleaded in the proceedings as heir and legal representative of Mahant Ram Dass deceased. The prescribed Authority allowed that application and served a notice under Section 10 (2) of the Act on him. Brindavan Dass filed an objection to that notice. Subsequently, one Baleshwar Dass as well made an application for impleadment in the case claiming himself to be the heir and legal representative of Mahant Ram Dass deceased. The prescribed Authority allowed that application as well. Baleshwar Das also filed an objection in the case. Thereafter evidence was led by the State. On the -date fixed for the