R.H. Zaidi, J. - (1.) Heard learned counsel for the petitioner, learned Standing Counsel and also perused the record.
(2.) By means of this petition filed under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the judgment and order dated 29.2.1988 passed by the Prescribed Authority, respondent No. 2 and the judgment and order dated 26.8.1988 passed by the appellate authority, respondent No. 1.
(3.) The relevant facts of the case giving rise to the present petition are that it was in the year 1973 that notice under Section 10 (2) of the U.P. Imposition of Ceiling on Land Holdings Act, for short the Act, was issued to the petitioner to show cause as to why the land specified under the said notice be not declared as surplus. The petitioner filed objection against the said notice contending that no land out of the holding of the petitioner was liable to be declared as surplus as he was holding the land within his ceiling limit. After hearing the parties and after perusing the material on the record, the Prescribed Authority discharged the notice by its judgment and order dated 30.12.1974 holding that no land of the petitioner was liable to be declared as surplus. The said order has become final. Again, it was in the year 1975 that another notice was issued against the petitioner under Section 10 (2) of the Act, which was also objected to and opposed by the petitioner. The said notice was also discharged by the Prescribed Authority by judgment and order dated 22.6.1977 on an objection filed by the petitioner. Challenging the validity of the said order, the State Government filed an appeal before the appellate authority. The appellate authority dismissed the appeal by its judgment and order dated 22.1.1979. The judgments and orders dated 13.12.19/5, 27.6.1977 and 22.1.1979 have become final. It was again on 9.5.1983 that third notice was issued against the petitioner, which was also objected to and opposed by him and was ultimately discharged by the Prescribed Authority by judgment and order dated 29.2.1988. Against the said order, the State Government has filed an appeal. The appeal filed by the State Government was allowed by the impugned order dated 26.8.1988 and the case was remanded to the Prescribed Authority for decision afresh. Hence, the present petition.;