SHYAM NARAIN PANDEY Vs. PRESCRIBED AUTHORITY

JUDGEMENT

(1.) -This writ petition has been filed by the petitioners challenging the orders dated 30.10.1987 and 18.1.1991 passed by the prescribed authority, respondent No. 1 and the Additional Commissioner (Administration), respondent No. 2 declaring the land of the petitioners as surplus in proceedings under U. P. Imposition of Ceiling on Land Holdings Act.

(2.) THE dispute in the present writ petition relates to Khata No. 71 measuring 3.94 acres, situate in village Pipraich district Mahrajganj, belonging to the petitioners.

(3.) AFTER the remand of the case, the prescribed authority, vide its order dated 30.10.1987 again held the disputed plots to be of Markandey Pandey by merely saying that the petitioners as well as Markandey Pandey both belong to the same family and presuming that the share of their fathers, Laxmi Shankar Pandey and Brahma Shankar Pandey, both would be half and half. The family settlement of 1940 and the order dated 10.1.1973 passed in the revenue suit had not been considered by the prescribed authority. The three main issues were decided in a cursory manner without considering any evidence on record, specially the documents which had been directed to be considered by the appellate authority in its judgment dated 5.2.1982 while remanding the case.