AMIR AHMAD Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) Heard Shri Preetam Lal holding brief of Shri Dinesh Pathak, learned counsel for the petitioner and the learned Standing Counsel for the contesting respondents.

(2.) This writ petition arises out of proceedings under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The petitioner was put to notice and the ceiling proceedings were concluded by the Prescribed Authority in the year 1977. An appeal was filed which appears to have been allowed on 17th of May, 1988 and the matter was remanded back to the Prescribed Authority. The Prescribed Authority passed a fresh order on 20th of June, 1990 against which the petitioner again filed an appeal before the learned Commissioner.

(3.) The appeal was allowed and the matter was again remanded holding that the Prescribed Authority has incorrectly proceeded to ignore the Will of Smt. Fatima and that the land which had devolved on Mr. Nasir Ahmed and the other sons of the petitioner under the said Will ought to have been excluded, keeping in view the earlier appellate order dated 17.5.1988 which fact is evident from the appellate order dated 5.2.1991 (Annexure No. 1 to the writ petition).