- (1.) Heard learned counsel for the Petitioner and learned Standing Counsel.
(2.) This petition has been filed challenging the order dated 25-8-93 passed by Additional Commissioner (Judicial) 1st, Bareilly Division, Bareilly. He has allowed the appeal of the Petitioner and remanded the matter to Prescribed Authority for deciding the case afresh in view of the judgment of this Court dated 11-5-89 in the writ petition No. 4899 of 1978.
(3.) The facts giving rise Jo this petition are that Prescribed Authority in proceedings under Section 10 (2) of U.P. Imposition of Ceiling on Land Holdings Act had determined 37.10 acres of land as surplus, by its order dated 30-6-76. In this order Prescribed Authority had partly accepted the contention of the Petitioner with regard to sale deed dated 21-12-71 executed in favour of Rameshwar. However, another sale deed dated 16-3-73 was ignored Against this order, Petitioner went in appeal. The appeal was allowed in part and the another sale deed dated 16-3-73 which was ignored by the Prescribed Authority was also accepted by Appellate Authority by its order dated 30-11-76. Thereafter, Petitioner approached this Court under Article 226 of the Constitution of India by filing writ petition, which was allowed by this Court by its order dated 11-5-89. From persusal of the said judgment it appears that this Court had considered only paras 4 and 6 of the Appellate judgment which dealt with the finding on the question of area held to be irrigated land by prescribed authority and remanded the matter to Appellate Authority for deciding afresh. Against the order of this Court dated 11-5-89 State of U. P, went in special appeal in Hon'ble Supreme Court of India which was rejected on 6-5-91. Thus the order of this Court dated 11-5- 89 has become final.;