STATE OF U.P. Vs. RAM SHAKAL TIWARI

JUDGEMENT

(1.) IN both these petitions, common questions of law and fact are involved. They were, therefore, heard together and are being disposed of by this common judgment. Writ Petition No. 15326 of 1983 shall be the leading case. Writ Petition No. 15328 of 1983 has wrongly been listed with these petitions. The same is hereby de -linked/disconnected.

(2.) HEARD learned Standing Counsel, Mr. Sankatha Rai, who has appeared for contesting respondent and also perused the record.

(3.) ON enforcement of the U.P. Imposition of Ceiling on Land Holdings Act, or short 'the Act', a notice under Section 10(2) of the Act was issued to Shri Jang Bahadur, father of the respondent No. 1, Ram Shakal to show cause as to why an area measuring 12.892 acres out of his holding be not declared as surplus. Jang Bahadur filed an objection contending that no land out of his holdings was liable to be declared as surplus. Parties, in support of their cases, produced evidence, oral and documentary. The Prescribed Authority, after going through the evidence on the record, partly allowed the objection by its judgment and order dated 31.5.1982 declaring only an area measuring 6.05 acres land as surplus. Challenging the validity of the said judgment. Ram Shakal Tewari and another filed an appeal before the Appellate Authority. Before the Appellate Authority, it appears that several points were raised, which were not raised before the Prescribed Authority. The Appellate Authority entertained the said points and ultimately allowed the appeal by judgment and order dated 27.8.1983 and directed the Prescribed Authority to make final calculation in the light of the observations/findings of the Appellate Authority. Hence, the present petition.