- (1.) ARUN Tandon, J. Heard learned Counsel for the parties.
(2.) PROCEEDINGS under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 were initiated against the petitioner. The issue of determination of the ceiling limits of the petitioner was concluded in the appeal filed by the State Government under Section 13 of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 being Appeal No. 14/2003-04. The appeal was allowed by the Commissioner, Meerut Division, Meerut vide order dated 17th November, 2004 and it was recorded that after granting benefit of reduction in area qua land to be earmarked in favour of adult son to the extent of 8 bighas as well as after deduction of the land said to be covered by Bag, the total surplus land available to the petitioner would come to 4-8-15 acres. The Commissioner after recording such finding, remanded the matter to the Prescribed Authority for giving an opportunity to the petitioner to exercise his option in respect of the surplus land to be taken possession of by the District Magistrate. There is nothing on record to establish that the order of the Commissioner dated 17th November, 2004 was ever challenged by the petitioner any further, therefore, the ceiling limits determined under the said order have became final. The Prescribed Authority in accordance with the directions issued by the Commissioner under order dated 17th November, 2004, afforded opportunity to the petitioner to express his choice in respect of land to be taken possession of by the District Magistrate as surplus. After reply was filed by the petitioner, the matter was concluded under the order dated 28th December, 2004. Order dated 28th December, 2004 only decides the issue of choice of the land between the parties.
(3.) THIS Court may again record that the issue qua ceiling limits of the petitioner stood closed with the passing of the order dated 17th November, 2004. Against the order of the Additional Collector/prescribed Authority dated 28th December, 2004, petitioner filed an appeal under Section 13 of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 before the Commissioner. The appeal was barred by limitation and therefore, petitioner filed an application under Section 5 of the Limitation Act for condoning the delay in filing of the appeal. Application under Section 5 was rejected vide order dated 28th July, 2006. He, therefore, approached this Court by means of Civil Misc. Writ Petition No. 49311 of 2006. The writ petition was allowed vide judgment and order dated 8th September, 2006. The order of the Commissioner was quashed and he was directed to consider and decide the appeal filed by the petitioner on merits in accordance with law after affording opportunity of hearing to the parties. Under the impugned order the Commissioner has decided the appeal filed by the petitioner by means of the order dated 9th July, 2007. Against the order of the Commissioner dated 9th July, 2007 and the order of the Prescribed Authority dated 28th December, 2004 this petition has been filed.;