R.H. Zaidi, J. - (1.)Heard learned Standing Counsel. None appeared for the contesting respondents.
(2.)By means of this petition filed under Art. 226 of the Constitution of India the petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 19.4.1985 passed by the appellate authority remanding the case to the Prescribed Authority for decision afresh after giving the benefit of two hectares of land to the respondent No. 1.
(3.)The relevant facts of the case giving rise to the present petition, in brief, are that a notice under Sec. 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, for short, 'the Act' was issued to respondent No.1, Shyam Behari. On receipt of the notice Shyam Behari filed an objection claiming that his land was not irrigated and that the land owned by his sons was wrongly clubbed in his holding. It was also pleaded that family of the said respondent consisted of six members and one of his sons was major. He was. therefore, entitled to two hectares more land in addition to his ceiling limit. The parties in support of their cases produced evidence, oral and documentary. The Prescribed Authority after considering the material on the record dismissed the objection filed by the respondent No. 1 and declared an area measuring h.50 acres of land as surplus by its order dated 28.1.1985. Challenging the validity of the said order the respondent No. 1 filed an appeal before the appellate authority. The appellate authority after hearing the parties allowed the appeal in part and remanded the case for decision afresh in the light of the observations made in the judgment by its judgment and order dated 19.4.1985. The appellate authority held that the respondent No. 1 was entitled to two hectares of more land, in view of the provisions of Sec. 5 of the Act as one of his sons was major. Hence the present petition.