Krishna Murari, J. - (1.) This petition arises out of the proceedings under the U.P. Imposition of Ceiling on Land Holding Act, 1960 (for the short Act).
(2.) Notice under section 10(2) of the Act was issued to the petitioner proposing to declare an area of 58-12-0 as surplus. The petitioner contested the notice by filing objection inter alia on the grounds that plot Nos. 82 and 226 are abadi and hence liable to be excluded, plot Nos. 225, 229 and 231 in village Khera Afgari and plot Nos. 376, 378, 220, 211 and 99 in village Sirsala are grove, plot No. 84 of village Amerpur and plot No. 84 of village Budhan Majra and plot Nos. 225 and 229 of village Khera Af-gan and plot No. 19 of village Bhuribansh were transferred by the petitioner by means of registered sale deed and hence liable to be excluded. The Prescribed Authority partly allowed the objection and declared an area 53-0-9 as surplus with the petitioner. Appeal filed by him was also partly allowed and surplus area was reduced to 51-18-1.
(3.) Feeling aggrieved the petitioner filed Writ Petition Nq. 4724/78. This Court vide judgment dated 12th May, 1978 partly allowed the writ petition and remanded the matter back to the Appellate Authority to reconsider the ceiling area. The operative portion of the said judgment reads as under : "In the result writ petition is partly allowed. The impugned order of the appellate Authority in so far as it has treated all the petitioner's plots except one of the plots detailed in its judgment as irrigated is quashed. The appellate Authority will now decide whether the plots are irrigated or not in accordance with law. In particular, it will comply with section 4-A of the Act. In this connection, it may, if it considers desirable, have an inspection made by the Prescribed Authority. The order of the Appellate Authority determining which of the petitioner's plots are not grave is quashed. The appellate Authority will again determine the question. As far as plots No. 225 and 229 of village Khera Afgan is concerned the appellate order is set aside. The Appellate Authority will redetermine the matter in accordance with law and in the light of observation made in this judgment. It will be open to the petitioner to apply to the Appellate Authority if is so permissible under the law to produce additional evidence to show that the mutation has been affected in respect of the plots sold in favour of vendees. The other findings of the Appellate Authority shall remain in tact" ;