SATENDRA MANI TIWARI Vs. COMMISSIONER, GORAKHPUR DIVISION GORAKHPUR

JUDGEMENT

(1.) The order passed by the learned Commissioner on 2.2.2006 impugned herein is an order in proceedings under Sub-section 4 of Section 27 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The application filed by the petitioner, who is the tenure holder, for cancelling the lease in favour of the contesting respondent, has been rejected on the ground that the identity of the land which is being claimed by the petitioner in his choice could not be established and the petitioner has not filed any evidence to that effect.

(2.) This petition has been taken up in the revised call. A counter-affidavit has been filed on behalf of some of the contesting respondents, who are the alleged allottees but no Counsel has appeared today on their behalf. Learned Standing Counsel has been heard on behalf of respondent Nos. 1 and 2.

(3.) A counter-affidavit has been filed on behalf of the State supporting the impugned order with bald averments that the petitioner had been unable to produce any documentary evidence to prove that the plots, which were being claimed by him, were not surplus and were within his choice. In such a situation, the impugned order is sustainable.