- (1.) PARITOSH K. Mukherjee, J. By the consent of learned counsel appearing for the parties, entire matter is taken up for hearing and final disposal although the matter is appearing for admission after seven years.
(2.) ONLY point raised in the instant writ petition is that as to whether the Appellate Authority, being Additional Commissioner, Jhansi Division, Jhansi, after remand order passed by the High Court, has committed further error or of law by passing his judgment dated 11. 8. 1988, which has been annexed as Annexure-4 to the writ petition. In the instant writ petition from paragraphs 8 to 12 petitioner has placed detailed facts, where the petitioner has alleged the extent or error committed by the Additional Commissioner, Jhansi while arriving at the same findings after order of remand, passed by Hon'ble High Court, when the writ petition filed by the petitioner was allowed in part. The said facts are being set out herein below : The Additional Commissioner has erred in law in folding that plot Nos. 579 and 535 of village Sirsa as being irrigated and in deciding the aforesaid the Additional Commissioner has totally ignored the relevant consideration required to be taken into account under Section 4-A of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 (from hereinafter referred to as the Act.)
(3.) NEITHER of the aforesaid plots can be treated to be irrigated under any of the three clauses of Section 4-A and the matter has to be decided on the basis of treating the said two plots as being totally unirrigated. But the Additional Commissioner has wrongly held that the plot No. 579 as being capable of two crops and has also held the same to be irrigated arbitrarily on the basis of the fact that plot No. 544 had some irrigation facility available to it. The fact that plot No. 579 had irrigation facility available to it. But the fact that plot No. 544 had some irrigation facility available to it has no relevance, whatsoever, while determining as to whether plot No. 579 was irrigated or not. The relevant extract of the map of village Sirsa demonstrate that plot No. 544 and 579 are not even adjacent to each other and there is a substantial distance between the two plots as stated above.;