STATE OF U P Vs. EHTESHAMUDDIN AHMAD

JUDGEMENT

(1.) R. H. Zaidi, J. Heard the learned Standing Counsel for the petitioner and perused the record.

(2.) BY means of the present petition, the petitioner prays for a writ, order or direc tion in the nature of certiorari quashing the order dated 30-11-1995, passed by the Second Additional District Judge, Moradabad acting as Appellate Authority under Urban Land (Ceiling and Regulation) Act, 1976, for short the Act.

(3.) LEARNED Counsel for the petitioner vehemently urged that the interpretation of Section 2 (b) of the Act given by the Appel late Authority is apparently erroneous and illegal. He has referred to and relied upon the provision of Section 6 of the Act and submitted that the case should have been decided in the light of the provisions of Section 2 (O) (C) and Explanation (ii) to Section 6 (1) of the Act, which has not been taken into account, and order passed by the Prescribed Authority has been set aside wholly arbitrarily.