RAM NARESH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri H.K. Asthana, learned Counsel for the petitioner and Shri T.N. Tripathi, who appears for respondent No. 6 Gaon Sabha, and the learned Standing Counsel for the respondents. The petitioners filed this writ petition challenging the order dated 11.4.2014 passed by the Commissioner, Gorakhpur Division Gorakhpur in Appeal No. 1/g -10 Ram Naresh and others v. State of U.P. The order dated 31.10.1992 passed by the prescribed authority in ceiling proceedings against the petitioner has also been challenged.

(2.) UPON hearing the learned Counsel for the parties, it is clear from the record that an order is passed against the petitioners in the year 1992, by the prescribed authority in ceiling proceedings. Consequential appeal is said to have been allowed and the matter was remanded back to the prescribed authority for a fresh decision on merits. A restoration application filed on behalf of the State has been allowed by the order impugned dated 11.4.2014 and the order of remand has been recalled.

(3.) UPON consideration of the rival submissions, in the opinion of this Court no useful purpose is going to be served by entertaining the writ petition on the question as to whether the State has heard prior to the order or remand having being passed as the same is a question of fact and writ jurisdiction is not the forum to decide such disputed questions of fact.