R.H. Zaidi, J. - (1.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the orders dated 10.2,1984 and 6.12.1983, passed by respondent No. 2 and order dated 23.10.1980, passed by respondent No. 3.
(2.) The relevant facts of the case giving rise to the present petition, in brief, are that a notice under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act, 1960, (for short "the Act"), was served upon the petitioner calling upon it to show cause as to why the land mentioned in the said notice be not declared as surplus land. On receipt of the notice, the petitioner filed an objection pleading that no land out of its holding was liable to be declared as surplus, as the petitioner was in possession of the land within its ceiling limit, that the provisions of the Act were not applicable in the land in dispute, that 234 bighas 14 biswas and 15 biswansis of land was declared for industrial purpose under Section 143 of the U. P. Zamindari Abolition and Land Reforms Act. It was also pleaded that 22 bighas of land was taken over by the U. P. State Electricity Board and that over some land other persons were in occupation. It was also pleaded that there were as many as 150 shareholders of the company who should be treated as tenure holders. Parties produced evidence in support of their cases. The Prescribed Authority after hearing the parties and perusing the evidence on record declared an area of 237 bighas 7 biswas 3 biswansis as surplus land, by its order dated 24.2.1975. Challenging the validity of the said order, the petitioner filed an appeal before the Appellate Authority, which was dismissed on 22.7.1975. Challenging the aforesaid order, Writ Petition No. 11364 of 1975 was filed in this Court. The said writ petition was allowed by this Court on 18.2.1978 with the observation that the Prescribed Authority shall re-determine the surplus land in the light of the observations made and the findings recorded by this Court in its aforesaid judgment. It was held that the land regarding which declaration was made under Section 143 of the U. P. Zamindari Abolition and Land Reforms Act was liable to be exempted under Section 6 (a) of the Act. In view of the order passed by the High Court, surplus land was re-determined. Before the Prescribed Authority, the petitioner also made an application dated 30.9.1980, raising its grievances. Another application was made on 6.10.1980 by which choice was given by the petitioner. The Prescribed Authority in compliance of the order passed by the High Court, re-determined/recalculated the surplus land and declared only an area measuring 46 bighas 14 biswas 5-1/3 biswansis as surplus, by its order dated 23.10.1980. Challenging the validity of the said order, an appeal was filed by the petitioner, which was dismissed by the appellate authority on 6.12.1983. Thereafter, the petitioner filed a review application on 5.1.1984, which was also dismissed on 10.2.1984, hence the present petition.
(3.) This petition was admitted and respondents were granted time to file counter-affidavit. On behalf of the respondents, a counter-affidavit was filed denying the material facts stated in the writ petition, in reply of which rejoinder-affidavit has also been filed by the petitioner controverting the facts stated in the counter-affidavit and reiterating and reasserting the facts stated in the writ petition.;