STATE OF U. P. Vs. ADDITIONAL COMMISSIONER JUDICIAL

JUDGEMENT

(1.) Heard Sri Gopal Krishna Pathak, learned Additional Chief Standing Counsel for the State and Sri V.K.Pandey, learned counsel for the respondents and perused the record.

(2.) By means of the instant writ petition the petitioner has prayed for issuance of a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dtd. 12/7/1993 passed by the opposite party no. 1 i.e., The Additional Commissioner (Judicial) Lucknow Division, Lucknow.

(3.) The factual matrix of the case is that a notice under Sec. 10(2) was issued to opposite party no. 2 namely Sri Basudeo Pal, the original tenure holder mentioning therein 40.5 acres of land as irrigated land and an area of 22.462 acres was proposed to be surplus land. After the aforesaid notice the objection was filed mentioning therein that the entire land of village Suabojh has wrongly been shown as irrigated land. He also mentioned the fact in the objection that there are 2 acres of land as USAR land and on some of the portion, there is building etc. On the aforesaid objections, the prescribed authority appointed an Advocate Commission and the Advocate Commissioner prepared a report and submitted the same mentioning therein the status of the land. In the report, Advocate Commissioner mentioned a tube-well installed over the agricultural land.