GHULAM WARIS Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) HEARD Sri U.S. Sahai for the petitioner and Standing Counsel for the respondent. The writ petition has been filed against the order of Prescribed Authority dated 28.1.1988 and the Appellate Authority dated 11.11.1991 passed in the proceeding under U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the 'Act').

(2.) THE dispute related to 23 plots of land situated in village Achechha, pargana Ram Nagar, distt. Barabanki. These plots were included in the holdings of Rani Drigraj Kumari in the proceedings under U.P. Imposition of Ceiling on Land Holdings Act, 1960 initiated against her and she had given the plot as surplus land which was accepted by the prescribed authority by order dated 25.9.1970.

(3.) THE Counsel for the petitioner submits that although the writ petition was abated by the order dated 26.11.1977 but the petitioner came to know about the order only on 3.12.1984 and thereafter he filed an objection under section 11 of the Act on 2.9.1984. He submits that prior to abatement the objection of the petitioner was allowed and the matter was remanded for deciding the objection of the petitioner on merit accordingly the subsequent objection filed by the petitioner after repeal of section 14 was liable to be decided on merit. He submits that under section 11(2) of the Act 30 days time is prescribed for filing the objection from the date of the order but as the objection has already been filed by the petitioner as such in the case of the petitioner this limitation shall not be applied and the fresh objection filed by the petitioner on 27.9.1984 was liable to be entertained but it has been illegally rejected. In such circumstances, the petitioner was neither given notice of the original proceeding nor his case was decided on merit and his land, which was recorded in his name, has been wrongly included in the holdings of Rani Drigraj Kumari.