STATE OF U P Vs. DISTRICT JUDGE BAREILLY

JUDGEMENT

(1.) -At the time of arguments no one appeared on behalf of contesting respondents hence only the arguments of learned standing counsel appearing for petitioner-State were heard.

(2.) THIS writ petition is directed against judgment and order dated 24.9.1982 given by District Judge, Bareilly in Ceiling Appeal No. 14 of 1980 filed by contesting respondents in this writ petition namely Natthu Singh and others. The said appeal was directed against judgment and order passed by prescribed authority under U. P. Imposition of Ceiling on Land Holdings Act, 1960 dated 17.12.1979 declaring 69.45 hectares of irrigated land as surplus. Earlier the said appeal had been decided on 24.7.1980. Against the said judgment writ petition was filed in this Court being Civil Misc. Writ Petition No. 9656 of 1980. The writ petition was allowed and matter was remanded to the appellate court to decide the appeal again. Thereafter through the impugned order dated 24.9.1982 District Judge, Bareilly decided the appeal. After remand by this Court through order passed in the earlier writ petition, the matter was confined before the appellate court only to four plots i.e. plot Nos. 2, 3, 10 and 28. It was argued in respect of said plots on behalf of the State that they were irrigated while on the other hand tenure holders contended that they were un-irrigated. As far as plot Nos. 2 and 3 are concerned, the appellate court by the impugned judgment remanded the matter to the prescribed authority to decide as to whether the said plots were irrigated or un-irrigated. However, plot Nos. 10 and 28 have been held by the appellate court to be un-irrigated hence this writ petition is confined only to plot Nos. 10 and 28.

(3.) ACCORDINGLY, I am unable to accept the contention of learned standing counsel that as 50 bigha of plot No. 10 is shown to be irrigated in kharif crop in the khasra of 1380 fasli hence the entire plot on the said area shall be treated to be irrigated even though no source of irrigation is mentioned.