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 13.05.1986 passed by the appellate authority allowing the appeal filed by the State. Prayer for issuance of a writ in the nature of mandamus commanding the respondents not to disturb the possession of the petitioner over the land in dispute, has also been made.
(3.) The relevant facts of the case giving rise to the present petition, in brief, are that on enforcement of the U.P. Imposition of Ceiling on Land Holdings Act, for short 'the Act', a notice under section 10(2) of the Act was issued to the petitioner calling upon it to show cause as to why an area measuring 30 bighas 10 biswas 2 biswansis be not declared as surplus. On receipt of the said notice, the petitioner filed an objection pleading that the land in dispute was owned by two companies, i.e., the petitioner, namely, Ajanta Tubes Limited and Jain Steel Company. It was wrongly treated as owned by the petitioner company. It was also pleaded that the land in dispute was declared as Abadi under section 143 of the U.P. Zamindari Abolition and Land Reforms Act, therefore, the same cannot be treated as agricultural land. The notice issued to the petitioner was, therefore, liable to be discharged. The parties produced evidence, oral and documentary, in support of their cases. The Prescribed Authority after going through the material on the record, allowed the objection filed by the petitioner by its judgment and order dated 31.01.1983 and discharged the notice. Feeling aggrieved by the order passed by the Prescribed Authority, the State has filed an appeal before the appellate authority. The appellate authority after hearing the parties, reversed the findings recorded by the Prescribed Authority and allowed the appeal by its judgment and order dated 13.05.1986, hence the present petition.;