BHUKHAL Vs. COMMISSIONER GORAKHPUR

JUDGEMENT

(1.) Heard Sri Satyendra Pratap Singh, learned counsel for the petitioner and Sri Krishna Mohan Mishra, learned counsel for the State.

(2.) Brief facts of the case are that plot No. 156 area 0.50 Dismal situated in village Ahirauli Rai, Tappa Parwarpar, Pargana Sidhuwa Jobna, Tehsil Kasya, DistrictDeoria at present District Kushinagar was purchased by the petitioner by way of a registered saledeed executed in his favour on 10/3/1960. In proceeding under Sec. 10 (2) of U.P. Imposition of Ceiling on Land Holdings Act 1960 hereinafter to referred as Ceiling Act, the aforementioned plot No. 156 was declared as surplus vide order dtd. 19/2/1990 without any notice to petitioner accordingly petitioner filed an objection under Sec. 11 (2) of the Ceiling Act stating that petitioner had purchased the plot in question by way of registered saledeed from the then recorded tenure holder Laxmi Pratap Narayan Singh, but without any notice and opportunity to petitioner, the plot in question has been declared as surplus. State has filed his reply in the aforementioned proceeding under Sec. 11 (2) of the Ceiling Act. The Prescribed Authority vide order dtd. 3/5/1994 allowed the objection of the petitioner under Sec. 11 (2) of the Ceiling Act and separated the plot No. 156 area 0.50 Dismil from the Ceiling proceedings. Against the said order dtd. 3/5/1994, State filed an appeal before Commissioner alongwith the prayer for condonation of delay of five years. The aforementioned appeal was registered as appeal No. 1/K of 1999. The Commissioner vide order dtd. 31/5/2022 allowed the appeal, set aside the order of the Prescribed Authority dtd. 3/5/1994 and remanded the matter before the Prescribed Authority for fresh decision of the dispute under Sec. 11 (2) of the Ceiling Act after affording opportunity of hearing to both the parties. Hence, the present petition on behalf of petitioner for the following reliefs:-

(3.) This Court entertained the matter on 5/8/2002 and stayed the operation of the order dtd. 3/5/2002.