AMRESHWAR PRATAP SAHI,J. - (1.) HEARD Sri Pradeep Kumar Rai learned counsel for the petitioner, learned standing counsel for the respondent nos. 1,2 and 3 and Sri Ajay Kumar Sharma for the respondent nos. 6 to 24.
(2.) AFFIDAVITS have been exchanged between the contesting parties. The State is the main contesting party. A stay vacation application along with counter affidavit has been filed by Sri K. K. Awasthi posted as Tehsildar, Rampur Maniharan district Sarahanpur. This writ petition arises out of a litigation under proceedings of the U. P. Imposition Ceiling of Land Holdings Act 1960. The petitioner is the son of Dipti Singh who was the tenure holder and had been put to notice under Section 10(2) of the U. P. Imposting Ceiling of Land Holdings Act. The matter was contested by Dipti Singh against whom the matter became final up to the High Court, where after objections under Section 11(2) were filed by the petitioner contending that he being the son of Dipti Singh, born before the abolition of Zamindari, was entitled to his separate share in the holding which has been declared as surplus. Apart from this other objections have been raised which were considered.
(3.) THIS matter was contested between the parties and the Prescribed Authority passed an order rejecting the objection of the petitioner under Section 11(2) against which the petitioner filed an appeal. The appeal was allowed on 15. 7. 2007 and a direction was issued for deciding the matter afresh in the light of the observations made by the appellate authority.;