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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Irshad Ali,J.
Surya Lal – Appellant
Versus
State Of U.P. Through Secy. Revenue – Respondent
JUDGMENT :
Irshad Ali, J.
1. Heard Mohd. Arif Khan, learned Senior Counsel assisted by Sri Mohd. Aslam Khan, learned counsel for the petitioners and Sri S.P. Maurya, learned Additional CSC for respondent - State.
2. By means of present writ petition, the petitioners are challenging the impugned order dated 12.08.1997 passed by Additional Commissioner, Judiciary, Faizabad Division, Faizabad in Appeal No.47 (Ceiling) as well as against impugned order dated 31.12.1993 passed by the prescribed authority (Ceiling), Bahraich, in case No.812 under sub Section 2 of Section 10 of U.P. Imposition of Ceiling on Land Holdings Act .
3. Brief fact of the case is that a notice dated 10.11.1989 was issued in the name of the petitioners and their fathers requiring them to show cause why the land should not be declared surplus under sub section 1 of Section 10 of U.P. Imposition of Ceiling on Land Holdings Act . Earlier to the said notice issued against the petitioners, a notice dated 18.05.1989 was also issued in the name of deceased Prabhoo after his death, who was the father of petitioner No.4 to 7 and grand father of petitioner Nos.1 to 3.
4. The petitioners objected to the said notice through their
The court held that valid sale deeds executed before the appointed date under the Ceiling Act must be considered, and notices issued post-death of the tenure holder are invalid.
Prescribed Authority and the Appellate Court did not have valid or sufficient grounds for rejecting the revised choice indicated by the petitioner because the choice can be revised till such time his....
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....
Notice to tenure holder - Limitation - Ceiling area and surplus area - If a land has come to be held by a tenure holder under Section 29, Prescribed Authority shall proceed to determine ceiling area ....
The court ruled that a sale deed executed before the relevant date is protected under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, and failure to serve notice invalidates surplus lan....
Mere fact that petitioner's name was not mutated in the revenue record cannot be held to be a conclusive evidence for disbelieving registered instrument of transfer particularly when it is settled la....
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.
Authorities under the Uttar Pradesh Ceiling Act must prove surplus claims with adequate evidence; failure to adhere to principles of natural justice and misclassification of land holdings rendered th....
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