VIDYAWATI Vs. STATE OF U P

JUDGEMENT

(1.) BINOD Kumar Roy, J. The petitioner prays to quash the orders, dated 11-1-1983 passed by the Additional Commissioner (Judicial), Moradabad (respondent No. 2) in appeal No. 33/1987-88 and the Prescribed Authority,. Moradabad (respondent No. 3), dated 14-7- 1988 in Case No. 170 of 1976 in so far as they related to rejection of her prayer to grant choices as contemplated under Section 12-A of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act) and to command them to give an opportunity to select the lands of her choice under the aforementioned provisions.

(2.) A perusal of the impugned order, as contained in Annexure-3 to the writ petition shows that her prayer for selecting the land of her own choice was rejected on the ground that despite adequate opportunities being granted she had not availed them and hence there does not appear any justification to accede to her request.

(3.) LEARNED counsel for the petitioner, in reply further submitted that the assertion that the lands in question have been distributed has been denied by the petitioner in paragraph-9 of the rejoinder - affidavit.