VIRENDRA SINGH Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) This writ petition has been filed challenging the orders dated 30.10.1992 and 9.2.1993 passed by respondent no. 2 Prescribed Authority, Firozabad, and also order dated 18.2.1994 passed by respondent no. 1, Additional Commissioner (Administrative) Agra Division, Agra.

(2.) The brief facts of the case are that in pursuance of the notice under section 10 (2) of U.P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Act) certain land of the petitioners was declared surplus by the prescribed authority vide order dated 27.2.1990. Against the said order the petitioners filed an appeal before respondent no. 1, Additional Commissioner (Administrative) Agra Division, Agra, which was allowed and the matter was remanded back to the prescribed authority on 28.5.1992. The prescribed authority on 30.10.1992 upheld its decision given on 28.12.1974. On the said date, learned counsel appearing for the petitioners could not appear before the prescribed authority and hence the order was passed ex-parte. After passing of the aforesaid order the petitioners filed restoration application which was also rejected by the prescribed authority on 9.2.1993. Against the aforesaid orders dated 30.10.1992 and 9.2.1993 passed on the restoration application, the petitioners filed an appeal before the Additional Commissioner (Administrative) Agra Division, Agra, respondent no. 1, which was also dismissed on 18.2.1994 primarily on the ground that the order dated 30.10.1992 had been passed on merits.

(3.) I have heard Sri Mahendra Narain Singh, learned counsel appearing for the petitioners as well as the learned Standing Counsel appearing for the respondents.