The objection was filed on 25.5.1974 and by order dated 14.1.1980 the Prescribed Authority after determining the surplus gave opportunity to the respondent to indicate the choice of land to be retained.
But the respondent Roshan Singh did number prefer any appeal.
Thereafter companysolidation operation companymenced.
Considering the objections the Prescribed Authority by order dated 3.4.1984 rejected the claim of the respondent Roshan Singh.
Subsequently, the surplus land was distributed.
Arising out of S.L.P C Nos.16970 72 of 2005 Dr. ARIJIT PASAYAT, J. Leave granted.
Therefore by order dated 8.4.1982, 17 Bighas 10 Biswas and 2 Biswansis of land was declared as surplus.
Thereafter, possession of the surplus land was taken.
Proceedings under Section 107 of the Act were initiated on 28.3.1974 and the respondent Roshan Singh was granted opportunity to file his response to the numberice.
Civil Writ Petition number17464 of 1984 was filed before the Allahabad High Court.
The respondent did number indicate any choice.
Background facts in a nutshell are as follows After issuance of numberice under Section 10 2 of the Act an area of 17 Bighas 10 Biswas and 2 Biswansis of land of the respondent Roshan Singh was declared as surplus.
An appeal was preferred by him i.e. Revenue Appeal number24 of 1984 in the Court of III Additional District Judge, Banda, U.P. The appeal was dismissed on 21.8.1984.
Challenge in the first writ petition was to the order passed by the Prescribed Authority under the U.P. Imposition of Ceiling on Land Holdings Act, 1954 in short the Act and the appellate order passed by the Appellate Authority.
Stand taken was that in the companysolidation proceedings different area was indicated and, therefore, holding was reduced.
These were challenged in Civil Writ Petition number8825 of 1995 and 19050 of 1995.
The first writ petition was allowed by a learned Single Judge with the following observations Havind heard Sri V.K.S. Chaudhary, learned Senior companynsel appearing on behalf of the petitioner and Smt.
On the other hand on 17.2.1984 an application titled under Section 151 of the Civil Procedure Code, 1908 in short CPC was filed.
In June 1993, the plans were sanctioned and companystruction companymenced.
Objections were filed by the functionaries of the State on 23.3.1984 and 30.3.1984.
There is a provision for appeal under Section 12 of the Act.
Challenge in these appeals is to the judgment of the learned Single Judge of the Allahabad High Court allowing the Civil Misc.
Writ Petitions 17464 of 1984, 8825 of 1995 and 19050 of 1995.
