SHEESHPAL Vs. ADDITIONAL COMMISSIONER BARELLY REGION

JUDGEMENT

(1.) The petitioner claims himself to the holder of a lease under the allotment proposal dated 14.02.2011 as approved by the Sub-Divisional Magistrate on 23.02.2011. The challenge is to the orders dated 4th of July, 2011 passed by the Collector, Pilibhit and the dismissal of the revision dated 17.11.2011 holding the revision to be not maintainable against such an order.

(2.) The respondent no. 5 had moved an application in terms of the judgement of this Court dated 31.05.2005 to maintain the entries and also requesting the prescribed authority to proceed to decide the pending objections in terms of the appellate order dated 21.11.2009. This application has been disposed of by the Collector on 4th of July, 2011 directing the prescribed authority not to proceed to take any action with regard to the possession of the land declared surplus under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as 'the 1960 Act'). Aggrieved, the petitioner filed a revision before the Commissioner which has been held to be not maintainable.

(3.) Sri V Singh, learned counsel for the petitioner submits that the allotment in favour of the petitioner is in respect of a land which was declared surplus in the hand of the father of the petitioner, against whom the proceedings came to be finalized in terms of the order dated 12.05.2009, whereafter the choice was given and which has been accepted on 21st of July, 2009. He, therefore, contends that the allotment does not require any further adjudication and as such the Collector has erroneously proceeded to pass the order dated 4th of July, 2011.