MAHAVIR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -This writ petition has been filed in the nature of certiorari quashing the impugned order dated 30.7.1996 passed in Appeal No. 4 of 1995-96.

(2.) THE facts arising out of the present writ petition are that a notice under Section 10 (2) of U. P. Imposition of Ceiling on Land Holding Act was issued to petitioner Mahavir Singh. In view of the aforesaid notice, an area of 16.57 acres was proposed as surplus. An objection was filed on behalf of petitioner claiming therein that his son is major, as such, he is entitled for two additional hectares of surplus land. It was also alleged in the objection filed on behalf of petitioner that petitioner has transferred the land and the transferees are in actual physical possession of the land in dispute. THE prescribed authority vide its order dated 30.6.1976 confirmed the notice and declared the land mentioned in the notice under Section 10 (2) of the Act. Aggrieved by the aforesaid order, petitioner filed an appeal under Section 13 of the Act. THE said appeal too was dismissed vide its judgement and order dated 5.8.1978. Petitioner aggrieved by the aforesaid order, preferred Writ Petition No. 9362 of 1978, which was dismissed on 6.11.1978.

(3.) IT has been submitted by learned counsel for petitioner that while deciding the appeal, the lower appellate court in para 6 of the judgment made un-called observation regarding the judgment dated 31.3.1995, through which a relief was granted to Samar Pal Singh and the appellate court has directed for filing the appeal against order dated 31.3.1995. Sri K. K. Gupta, Commissioner, wrote a letter dated 31.7.1996 to the Commissioner, Moradabad Mandal, Moradabad for filing an appeal against the order dated 31.3.1995, through which the objections of Sri Samar Pal Singh was allowed. Another letter dated 8.8.1996 was written by Commissioner to District Magistrate, Bijnor for filing an appeal against the order dated 31.3.1995 along with an application under Section 5 of the Limitation Act. An appeal was filed against the order dated 31.3.1995 by the State along with an application for condonation of delay. The notice was served upon Mahavir Singh and the appellate court decided the appeal against the order dated 31.3.1995 and 26.12.1995. IT has been brought to the notice of the Court that against the order in Appeal No. 7 of 1995-96 decided on 28.2.1997, Sri Samar Pal Singh has also filed a Writ Petition No. 12767 of 1997.