SATYANARAIN Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) Heard Sri R.C. Singh learned Senior Counsel assisted by Sri Narayan Dutt Shukla learned counsel for the petitioners, learned Standing Counsel for the State respondents and Sri Adeel Ahmad Khan learned counsel for the intervenor.

(2.) Challenge has been raised to the order dtd. 29/9/2021 passed by the appeal authority in Ceiling Appeal No. 32/10/1995-96. By that order the appeal authority has set aside the original order dtd. 11/2/1994 and remanded the proceedings to the Prescribed Authority to pass an order after conducting proceedings, denovo.

(3.) Short submission advanced by learned counsel for the petitioner is that proceedings before the appeal authority arose upon an earlier order of the writ Court dtd. 4/4/2003 in Civil Misc. Writ Petition No. 11478 of 1997 (Suresh Vs. Additional Commissioner Gorakhpur and others). While setting aside the earlier appeal order dtd. 16/12/1996, the writ Court made an order of limited remand to consider two issues other than the issue of date of birth of the petitioner Suresh as the findings of the Prescribed Authority that Suresh was born on 8/5/1950 was affirmed.