JANTA INTER COLLEGE Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the petitioner. In these petitions common questions of law and fact are involved. Therefore, they were heard together and are being disposed of by this common judgment and order. It appears that by means of this petition the petitioner challenged the order dated 25.6.1982 passed by the Prescribed Authority declaring the land measuring 11.21 acres in terms of the unirrigated land as surplus and the order dated 6.7.1982 passed by the Appellate Authority affirming the order passed by the Prescribed Authority and dismissing the appeal.

(2.) LEARNED counsel for the petitioner submitted that in the counter affidavit it has been asserted that the land in question belongs to the Forest Department and it was wrongly clubbed in the holding of the petitioner. As learned counsel for the petitioner concedes that the land belongs to the Forest Department, the petitioner has got no right to maintain the present petition, as the petitioner has got no interest in the land which was declared as surplus. It is, however, observed that in case the Forest -Department feels aggrieved by the impugned order, liberty to it to seek its remedy before the Prescribed Authority under the U.P. Imposition of Ceiling on Land Holdings Act. So far as the petitioner is concerned, it has got no right to challenge the orders, noted above.