STATE OF U P Vs. HEM CHANDRA TYAGI

JUDGEMENT

(1.) BOTH these appeals arise out of com mon judgment and order passed by the Prescribed Authority as well as Appellate Court and common questions are in volved for determination in these writ petitions, therefore, for the sake of con venience, both the writ petitions are be ing decided by this common judgment.

(2.) BY means of these writ petitions, the petitioners State and Yakoob Ali Khan have prayed for quashing the im pugned order dated /-1-1983 and 22-10-1984 passed by the Prescribed Au thority Kichha at Rudrapur, and I Addi tional District Judge, Nainital. The Pre scribed Authority had held that the ob jection filed by the petitioner Yakoob Ali Khan was barred by time, hence the same being not entertainable was re jected. Being aggrieved by the said or der, the petitioner Yakoob Ali Khan as well as State of LJ. P. went up in appeal and the Additional District Judge also dismissed the Ceiling Appeal No. 23 of 1983 and Ceiling Appeal No. 37 of 1983 respectively vide judgment and order dated 22-10-1984.

(3.) HEM Chand Tyagi filed appeal No. 212 of 1975 against the said order, while the petitioner Yakoob Ali Khan filed appeal no. 316 of 1975 against the aforesaid order. The appeal filed by the petitioner was decided by the then Civil Judge Nainital vide judgment and order dated 10-06-1976 whereby relief of 2 hectares more land was given to the appellant for his third adult son and re maining part of the judgment was main tained. Appeal No 282 of 1975 was dis missed on 28-06-1977 being not main tainable as appellants were not parties to the proceedings under the Act. HEM Chandra Tyagi and Smt. Mithilesh Tyagi filed writ petition before the High Court, which was decided on 15-1-1979 thereby the judgment dated 15-3-1975 passed the Prescribed Authority as well as judgment and decree passed on 28-6-77 by the Civil Judge' Nainital were quashed and the case was remanded to the Prescribed Authority for deciding the issue whether petitioners HEM Chandra Tyagi and Smt. Mithilesh Tyagi are the tenure holders or not and in case it is established that they are tenure holders then to decide the case on merits. It was also observed by the High Court that it shall be open to the petitioners to ap ply before the Prescribed Authority at Kichha and Aligarh and in that event the State would choose to proceed against the petitioners only at one place.