(1.) ANJANI Kumar, J. This matter was listed today for recall of my order dated 8th July, 2002 whereby the writ petition was dismissed for want of prosecution. The said order has been recalled by me vide order of date passed on Civil Misc. Restoration Application No. 109056 of 2002. With the consent of the parties, the matter is being heard and decided on merits.
(2.) THE petitioner is aggrieved by an order dated 15th July, 1997 passed by the appellate authority under the provisions of the U. P. Imposition of Ceiling on Land Holdings Act, 1961, hereinafter called the 'act', (Annexure '4' to the writ petition) wherein the appeal filed by the petitioners has been rejected by the appellate authority under the said Act on the ground that the appeal is not maintainable and cannot be heard on merits as the petitioners could have filed an application for recall of the order passed by the Prescribed Authority challenged in the present appeal on the ground of exigency that it was an ex- parte order.
(3.) FOR the reasons stated above, this petition succeeds and is allowed. The order dated 15th July, 1997 (Annexure '4' to the writ petition) passed by the appellate authority i. e. Commissioner, Jhansi Division, Jhansi is quashed. The appellate authority is directed to decide the matter in accordance with law. Petition allowed. .