JUDGEMENT
ASHOK BHUSHAN, J. -
(1.)HEARD Sri V. K. S. Chaudhary, senior advocate assisted by Sri Amrendra Singh, counsel appearing for the petitioners and Sri K. S. Kushwaha, learned standing counsel appearing for the respondents.
(2.)BY this writ petition the petitioners has prayed quashing of the Order dated 13.12.1983 passed by the 1st Additional District Judge in Revenue Appeal No. 10 of 1982 and that of the Prescribed Authority dated 22.3.1982 In Case No. 73 under the U. P. Imposition of Ceiling on Land Holdings Act, 1960.
Brief facts giving rise to this writ petition are : Smt. Brij Raj Kunwari -respondent No. 3 executed a registered gift deed on 17.2.1970 of 14 bighas 1 biswa and 17 dhurs of her bhumidhari holding situate in village Ashar Khas, Pargana Basti Purab, district Basti to the petitioners who are her daughter's sons. The village was under consolidation at that time and It is asserted in paragraph 2 of the writ petition that the gift deed was executed after obtaining necessary permission under Section 5 of the U. P. Consolidation of Holdings Act. It has further been stated that the names of the petitioners were also mutated and chak was allotted in favour of the petitioners. The proceedings under the U. P. Imposition of Ceiling on Land Holdings Act, were initiated against the respondent No. 3. The Prescribed Authority held 3 bighas 15 biswas and 12 dhurs in terms of irrigated land as surplus with Smt. BriJ Raj Kunwari by his Order dated 26.12.1974. A second notice was served on 16.7.1976 upon the respondent No. 3 in which the plots which were allotted to the petitioners under the consolidation proceedings have also been clubbed. Petitioners' case is that the no notice was issued to them although their names were recorded. Respondent No. 3 contested the case, the Prescribed Authority vide its Order dated 6.1.1977 held 10 bighas 14 biswas and 12 dhurs including the earlier 3 bighas 15 bishwas and 12 dhurs as surplus vide Order dated 6.1.1977. An appeal was filed by the respondent No. 3 which was rejected by the learned Civil Judge.
(3.)PETITIONERS thereafter filed an application under Section 11 (2) of the Act on 3.4.1980 praying that the Order regarding surplus land treating Smt. Brij Raj Kunwari as the tenure holder be set aside. The Prescribed Authority rejected the said application against which the petitioners filed an appeal being Appeal No, 72 of 1980. The appeal filed by the petitioners was allowed and the matter was remanded vide its Judgment dated 20.2.1981. The Prescribed Authority after remand again rejected the objection vide Its Order dated 22.3.1983 which was unsuccessfully challenged by the petitioners again in appeal. The said appeal was dismissed on 13.10.1983. These two orders have been challenged in the writ petition.
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