- (1.) Heard Sri R.C. Singh learned counsel for the petitioner and perused the affidavits exchanged between the parties including the supplementary affidavit dated 13.12.2011. Sri Sanjay Goswami, learned Additional Chief Standing Counsel has advanced his submissions on behalf the respondent State.
(2.) The petitioners claim themselves to be the tenure holders of the land in dispute and have claimed possession over the land from prior to the appointed date under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. They are claiming possession and title over the land independently prior to 24th January, 2011 and for which evidence has been led by them.
(3.) Their objections were rejected by the prescribed authority against which the petitioners preferred an appeal. The appeal was dismissed on 20.4.1995 in which there was an interim order existing. The petitioners also filed a review application before the appellate authority. The learned Additional Commissioner (Administration), Gorakhpur on 12.8.1999 reviewed the order dated 20.4.1995 and allowed the appeal of the petitioners. While doing so, the learned Commissioner relied on the judgment and decree dated 30.7.1975 passed by the Sub Divisional Officer, Hata in a suit under Section 229B of the U.P. Z.A. & L.R. Act. Apart from this other evidence was also filed and the appellate authority came to the conclusion that the land in dispute as claimed by the petitioner was not surplus.;