R.H.Zaidi, J. - (1.) The present petition arises out of the proceedings under Section 10 (2) of U.P. Imposition of Ceiling on Land Holdings Act, 1960 and is directed against the judgment and order dated 21.9.2000, whereby the application filed by the petitioner for amending the memo of appeal has been rejected by the Appellate Authority, Additional Commissioner (Administration) Bareilly Zone, Bareilly.
(2.) It appears that challenging the validity of the order dated 20.5.2000, passed by the Prescribed Authority, the petitioner filed an appeal before the Appellate Authority. According to the petitioner, certain points could not be taken in the memo of appeal inadvertently, therefore, an application was filed for amending the memo of appeal. The said application was objected to by the respondent No. 3. It was urged that the points sought to be taken by means of the amendment, were already taken in the memo of appeal, therefore, there was no necessity for amending the memo of appeal. After hearing the counsel for the parties, the Appellate Authority came to the conclusion that the points which were sought to be taken by means of amendment application were covered by grounds Nos. 8, 10 and 13.
(3.) The learned counsel for the petitioner contended that the points sought to be introduced by way of amendments are not covered in the aforesaid grounds taken in the memo of appeal, therefore, it was necessary to amend the memo of appeal. Learned Standing Counsel, who appeared for the respondents, stated that he has got no objection if the petitioner is permitted to amend the memo of appeal.;