SATENDRA MANI TIWARI Vs. COMMISSIONER GORAKHPUR DIVISION

JUDGEMENT

(1.) Heard Sri N.C. Rajvanshi senior advocate, assisted by Sri J.B. Mishra, on behalf of the petitioner, standing counsel on behalf of the respondent Nos. 1 and 2 and Sri Sanjay Goswami, Advocate on behalf of the other private respondents.

(2.) This writ petition was decided by this Court by means of the judgment and order dated 6th May, 1996. A Special Appeal No. 5241-5242 of 2003 was filed by Doodh Nath and others (who are respondents in the present writ petition) before the Hon'ble Supreme Court of India, The Hon'ble Supreme Court had allowed the Special Appeal and after setting aside the judgment of this Court, remanded the matter for disposal in accordance with law after affording opportunity of hearing to the parties concerned.

(3.) The relevant facts giving rise to the present writ petition are a notice was issued to the petitioner under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act. After objections were filed by the petitioner, the Prescribed Authority determined 39.03 Acres of land as surplus. Thereafter the petitioner, along with other persons, filed appeal before the District Judge, which were numbered as 385 of 1977. 396 of 1977 and 397 of 1977. The appeals were decided by the IInd Additional District Judge by means of the orders dated 20.11.1980, 17th March, 1980 and 20.11.1981 respectively. The appellate court remanded the matter for fresh adjudication to the Prescribed Authority.