STATE OF U.P. Vs. ADDITIONAL COMMISSIONER, JUDICIAL (2), GORAKHPUR AND OTHERS
LAWS(ALL)-2010-10-282
HIGH COURT OF ALLAHABAD
Decided on October 05,2010

STATE OF U.P. Appellant
VERSUS
Additional Commissioner, Judicial (2), Gorakhpur and others Respondents

JUDGEMENT

ARUN TANDON, J. - (1.) PROCEEDING under Section 10 (2) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as 'the Act') were initiated against one Smt. Nain Razi wife of Satya Deo culminating in an order of the Prescribed Authority dated 14.07.1976 wherein 10.60 acres of land was declared as surplus.
(2.) NOT being satisfied with the order of the Prescribed Authority, the recorded tenure holder filed an appeal under Section 13 of the Act, which was dismissed on 20.11.1976. Thereafter, the recorded tenure holder made an application on 16.08.1978, which was also rejected on 16.10.1978. Against the said order another appeal being Appeal No. 300 of 1978 was filed, which was allowed by the District Judge, the matter was remanded for redetermination of ceiling limits. The Prescribed Authority on 16.03.1981 again declared 10.60 acres of land as surplus. Applications were filed by respondents to this writ petition before the Prescribed Authority, which were rejected vide order dated 16.02.1981. Against the said orders dated 16.02.1981 and dated 12.03.1981, appeals being Misc. Appeal Nos. 196 of 1981 and 195 of 1981 were filed before the District Judge. The District Judge allowed the appeals, vide order dated 24.08.1981, and remanded the matter to the Prescribed Authority with a direction to afford opportunity to the objectors to lead their evidence.
(3.) THE Prescribed Authority under the order dated 04.04.1983 redetermined the ceiling limits and maintained his earlier order. Thereafter, Appeals No. 201 of 1983 and 200 of 1983 were filed. The Appellate Authority allowed the appeals again on 16.10.1984 and remanded the matter to the Prescribed Authority. On remand, the Prescribed Authority under the order dated 24th June, 1989 held that the recorded tenure holder has 9.62 acres of irrigated land as surplus.;


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