- (1.) Although, this writ petition is appearing for formal admission in the cause list, with the consent of learned counsel for the parties, it is being disposed of finally, in accordance with the High Court Rules. On the last occasion, Sri Tarun Agarwal, learned counsel for the petitioner was directed to make unofficial English translation of the impugned order dated 18.1.1988 passed by Joint Secretary. In compliance thereof, he has submitted the English translation of the impugned order, a perusal thereof reveals that the order has been passed exercising power of revision under Sec. 34 of the U.P. Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act').
(2.) The case, in hand, has a chequered career, as it appears from the following facts.
(3.) Earlier, a proceeding was initiated by the Competent Authority, who, after hearing Dr. B.S. Joshi, the authorised representative of Dr. Sri Krishna (since deceased) passed an order on 8th September, 1978 declaring 3773.30 sq. meters of land as surplus. On appeal being preferred, the District Judge has set aside the said order of the Competent Authority. State Government filed Writ Petition, which was dismissed. State Government went in Special Leave Petition, and in view of decision in L.J. Jhonson's case 1983 SC 1303, the case-was remanded back to the Competent Authority for decision afresh. On 27th March, 1985, Competent Authority held that there was no surplus land and the notice was discharged.;