- (1.) HEARD Sri R.C. Singh for the petitioner and Sri Amaresh Sinha for the respondents..
(2.) THE writ petition has been filed against the order of Commissioner, Gorakhpur Division, Gorakhpur dated 26.2.2014 passed in Ceiling Appeal No.6/K/2010 filed by the allottees of the surplus land, by which the delay in filing the appeal has been condoned and the operation of the order of the Prescribed Authority dated 8.7.2009 has been stayed. It appears that the proceeding under U.P. Imposition of Ceiling on Land Holdings Act, 1960(hereinafter referred to as "the Act") was initiated against Smt. Shyama Devi. According to the petitioner, plot nos.266, area 1.32 acre and plot no.908, area 0.10 acre situated in village Mathia Alam, tappa Naugawa, pargana Sidhua Jobna, district Kushinagar were not the subject matter of the ceiling proceeding. However, inadvertently in CLH Form 5A relating to surplus land these plots were included, which on the objection of the petitioner were restored to the petitioner by order of the Prescribed Authority dated 8.7.2009. According to the contesting respondents the land in dispute was declared as surplus land by the order of the Prescribed Authority dated 3.11.1989 and possession over the surplus land was taken and it was allotted to the contesting respondents.
(3.) WHEN even passing of the order dated 8.7.2009, the land was not entered in the name of the petitioner, he filed an application before the Prescribed Authority under Section 144 C.P.C. for restoring the entry of his name over the land in dispute. The Prescribed Authority by the order dated 18.2.2010 directed for restoring the name of the petitioner over the land in dispute. Against the aforesaid order Appeal No.6/K/2010 was filed by the respondents, who are allottees of the land in dispute, in which delay in filing the appeal has been condoned and the operation of the orders of the Prescribed Authority have been stayed. Hence this writ petition has been filed.;