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, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 25.7.1985 whereby the Appellate Authority has remanded the case to the Prescribed Authority for decision afresh.
(3.) It is not necessary to give the facts of the case in detail. It would suffice to say 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 therein be not declared as surplus. The petitioner filed an objection that no land out of her holding was liable to be declared as surplus for the reasons specified in the objection. The Prescribed Authority after hearing the parties discharged the notice issued to the petitioner as, according to it, the petitioner was not holding land beyond ceiling limit, by judgment and order dated 14.8.1978. Feeling aggrieved by the order passed by the Prescribed Authority, respondent No. 3 filed an appeal before the Appellate Authority. The appeal filed by the State Government was allowed by the Prescribed Authority after setting aside the findings recorded by the Prescribed Authority. The petitioner challenging the validity of the order passed by the Appellate Authority filed Writ Petition No. 10109 of 1980. The said writ petition was ultimately allowed and the order dated 17.10.1980 was quashed, which was passed by the Additional District Judge acting as the appellate authority under the Act and the case was remanded to the Appellate Authority with the direction to decide the appeal afresh in the light of the observations made in the order, vide order dated 16.10.1981. On remand, the Appellate Authority reversed the findings recorded by the Prescribed Authority and remanded the case for decision afresh by the impugned order dated 25.7.1985. Hence the present petition.;