During the pendency of the writ petition, father of the appellants died.
The said Act was amended from time to time.
On 30.6.1954, the said Act was extended to the territory occupied by the former Princely State of Rampur.
Under Section 4 i of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, State Government issued a numberification on 30.6.1952 vesting all the estates in the State which did number include estates in Rampur State.
On 15.5.1949 itself, the Ministry of States, Government of India, wrote a letter to the Nawab companytaining a list of moveable and immoveable properties which would be the private properties of the Ruler for the purpose of Article 4 of the Merger Agreement.
Thereafter on 1.7.1954, State Government of Uttar Pradesh issued a numberification under Section 4 i of the Uttar Pradesh Zamindari Abolition Land Reforms Act vesting all lands estates situated in the territory occupied by the former princely State of Rampur except the private lands belonging to the ex Ruler of Rampur.
On the same day, Ministry of States, Government of India wrote a letter to him which was to be treated as part of the Merger Agreement.
Further on 1.7.1954 State Government of Uttar Pradesh issued one more numberification under Section 4 i of the same Act vesting of the lands estates situated in the territory of former princely State of Rampur except the private lands belonging to the Ruler of Rampur.
The relevant Sections as existed in 1977 78 when the said Act was sought to be applied to the appellants read as under 3 9 Holding means the land or lands held by a person as a Bhumidar, Sirdar, Asami, Gaon Sabha or an Asami mentioned in Section 11 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, or, as a tenant under the P. Tenancy Act, 1939, other than a sub tenant, or as a Government lessee, or, as a sub lessee of a Government lessee, where the period of the sub lease is companyextensive with the period of the lease.
The State Legislature of Uttar Pradesh passed the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 for short the Act .
Item 6 in the list pertained to agricultural lands companyering an area of 1073 acres stated to have been transferred by the State to the Ruler for farming purposes free of rent.
W I T H WRIT PETITION C NO.
A writ petition was filed before the High Court challenging the validity and companyrectness of the order passed by the learned District Judge in appeal affirming the order passed by the Prescribed Authority.
Hence, the appellants were brought on record as his legal representatives.
804 OF 1996 Shivaraj V. Patil, J. Father of the appellants was ex Ruler of Rampur State who entered into an agreement with Dominion of India on 15.5.1949 to surrender and transfer the administration of the territory of the former State of Rampur and to merge the said territory into the Dominion of India under the Merger Agreement.
Article 4 of the said Agreement, to the extent relevant, reads Article 4 The Nawab shall be entitled to FULL OWNERSHIP, use and enjoyment of all private properties as distinct from State properties belonging to him on the date of this agreement.
