Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 1419 of 2006 (Old No.15534 of 1984) Ratan Singh ……… Petitioner Versus District Judge, Saharanpur and another. ……. Respondents …………………….. Ms. Prabha Nauliyal, learned counsel for the petitioner. Sri H.M.Raturi, learned Standing Counsel for the respondents. Date: July 24, 2008 Hon’ble P.C.Verma,J. This petition has been filed by the petitioner seeking writ of certiorari quashing the order of the Prescribed Authority Ceiling, Roorkee dated 31.05.1984 and order dated 29.09.1984 passed by District Judge, Saharanpur, contained in Annexure Nos. 2 & 3 to the writ petition. 2. A short question involved in the writ petition is that the petitioner was not allowed to give his choice of plot numbers to be declared surplus in the ceiling proceeding. Application of choice was rejected. Then appeal was dismissed in limine. Hence the writ petition. 3. Choice to declare surplus land has been provided in Section 12-A of U.P. Imposition of Ceiling on Land Holdings Act, 1960. Section 12-A has been inserted by U.P.Act No.18 of 1973 in which it has been provided 2 that in determining the surplus land under Section 11 or Section 12, the Prescribed Authority shall, as far as possible, accept the choice indicated by the tenure-holder to the plots which he and other members of his family, if any, would like to retain as part of the ceiling area applicable to him or them. A tenure holder can make his choice till he is in possession. He can not claim his choice after possession of surplus land has been taken away from him. 4. Therefore, the writ petition is devoid of merit and is dismissed. No order as to costs. (P.C.Verma,J.) 24.07.2008 P.Singh