RAM PAL MISRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Q. M. Haque, learned counsel for the petitioner, Sri J.P. Maurya, learned Additional Chief Standing Counsel and perused the record.

(2.) Instant writ petition has been filed assailing the order dtd. 21/2/2003 passed by the appellate authority as well as the order dtd. 17/2/1975 passed by the Prescribed Authority.

(3.) Learned counsel for the petitioner submits that in fact a proceeding under Sec. 10(2) of U.P. Imposition of Ceiling on Land Holdings Act, 1960 was commenced and the case was instituted as Ceiling Case No. 83 wherein misinterpreting the records, the Prescribed Authority (Ceiling), vide order dtd. 17/2/1975 determined 54.4 acres of land as surplus land from the holdings of the petitioner. He admits that against the aforesaid order, the petitioner filed Appeal No. 244 of 1975 before the District Judge, Gonda wherein operation of the order impugned was stayed during the pendency of the appeal.