- (1.) Leave granted.
(2.) 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. 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.
(3.) Background facts in a nutshell are as follows: After issuance of notice 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. Thereafter consolidation operation commenced. 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 notice. 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. The respondent did not indicate any choice. 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. There is a provision for appeal under Section 12 of the Act. But the respondent-Roshan Singh did not prefer any appeal. 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. Stand taken was that in the consolidation proceedings different area was indicated and, therefore, holding was reduced. Objections were filed by the functionaries of the State on 23.3.1984 and 30.3.1984. Considering the objections the Prescribed Authority by order dated 3.4.1984 rejected the claim of the respondent-Roshan Singh. An appeal was preferred by him i.e. Revenue Appeal no.24 of 1984 in the Court of III Additional District Judge, Banda, U.P. The appeal was dismissed on 21.8.1984. Civil Writ Petition no.17464 of 1984 was filed before the Allahabad High Court. Subsequently, the surplus land was distributed. These were challenged in Civil Writ Petition no.8825 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 counsel appearing on behalf of the petitioner and Smt. Archana Srivastava, learned Standing Counsel for the respondents, this Court is of the view that as the reduction of area made during the consolidation operation is made for public purposes, the petitioner is entitled to the benefit of said reduction. The submission made by the learned counsel for the petitioner has got force and therefore, the writ petition deserves to be allowed.";