- (1.) Heard learned Standing Counsel for the petitioner in this petition which has been filed by the State and Sri Prakash Chandra for the respondents.
(2.) The petition arises out of proceedings under the U.P. Imposition of Ceiling on Land Holdings Act and is directed against an appeallate order dated 26.04.1999 passed by the respondent no. 2.
(3.) The facts of the case briefly stated is that a notice under Section 10 (2) was issued to the tenure holder Bhagwan Das. The prescribed authority vide order dated 09.05.1988 held an area of 8.37 acres to be surplus. The appeal of the tenure holder was dismissed. However, the writ petition filed by him being Writ Petition no. 20781 of 1990 was allowed by the order dated 03.05.2006 and the matter was remanded back to the Prescribed Authority for considering the objection of the petitioner in light of the provisions contained in Section 4(A) of the Act, to determine as to whether the land was irrigated or unirrigated.;