M. TIWARI Vs. P. AUTHORITY AND ORS.

JUDGEMENT

(1.) THROUGH this review petition, review of my judgment dated 19.02.2007 has been sought through which I dismissed the writ petition. Relevant portion of my judgment is quoted below:

(2.) THE review petition was filed mainly on the ground that the Deity had filed objections before the Prescribed Authority and even though the Prescribed Authority had rejected the same but against that order two appeals, i.e. Ceiling Appeals No. 29/D and 30/D, both of 1995, Krishna Lal Tripath v. Prescribed Authority were pending before the Commissioner. On 07.01.2009, I directed the learned standing counsel to verify as to why the appeals had not been decided for 13 years. Thereafter on 07.01.2010 I passed the following order:

(3.) IN the judgment, number of the appeal is mentioned as No. 20/22/29/D of 1995 and the Appellant is shown as Thakur Ram Janki Mandir Mauja Piparajham Paragana Shahjahanpur, District Deoria. Petitioner of this writ petition was Respondent No. 3 in the said appeal. The said appeal was allowed by Commissioner, Gorakhpur Division, Gorakhpur. The entire reasoning is given in penultimate paragraph which is only of seven lines according to which among tenure holders (khatedaran) family settlement took place in 1962 and Ramlali mother of tenure holder Markandey made a Waqf of the land on 13.05.1958 in favour of Thakur Ji Ramjanki Temple, which (wakf) was before the cut off date prescribed under the Ceiling Act, i.e. 24.01.1971, hence no surplus land was left with the tenure holders and on the land of the trust, Ceiling Act does not apply and it is entitled to the benefit under Section 6(9).