- (1.) Heard learned counsel for the petitioners and learned Standing Counsel for the State respondents.
(2.) The instant writ petition arises out of an objection under Section 10 (2) of the U.P. Imposition of Ceiling on Land Holdings Act filed by the petitioners. This objection was dismissed by the Prescribed Authority vide order dated 31.03.2007, which order had been affirmed by the appellate authority namely the Additional Commission (Administration), Gorakhpur Division, Gorakhpur, vide order dated 28.12.2007. It is these two orders namely the order dated 31.03.2007 passed by the Prescribed Authority and the order dated 28.12.2007 passed by the Additional Commissioner which are impugned in the instant writ petition. It transpires that in ceiling proceedings initiated against one Anirudh Pratap Narain Singh, an area of 560.16 acres of land were declared surplus in his hands under the Ceiling Act of 1963. A further area of 60.90 acres was declared surplus under the amended Ceiling Act of 1972-74. Thus, the total area 621.6 was declared surplus.
(3.) This order was further modified in appeal vide order dated 27.02.1997. Aggrieved by the appellate order, the tenure holder and other objectors filed a large number of writ petitions. A bunch of 75 writ petitions which included Writ Petition no. 6643 of 1997 was decided by a common order dated 19.11.2002 wherein the matter was remanded back to the Prescribed Authority to decide the same afresh after affording adequate opportunity of adducing evidence to the petitioners and after hearing them.;