BUDHIMAN SINGH Vs. DISTRICT JUDGE FATEHPUR

JUDGEMENT

(1.) PRAKASH Krishna, J. By means of the present writ petition the petitioner has sought a writ, order. or direction in the nature of Certiorari guashing the judgement and order dated 28th April, 1982 passed by the District Judge, Fatehpur and the judgement and order dated 28th December, 1981 passed by the Prescribed Authority appointed under the provisions of the U. P. Imposition of Ceil ing on Land Holdings Act, 1960 (hereinafter referred to as the Act ).

(2.) THE present writ petition arises out of the proceedings under the U. P. Imposition of Ceiling on Land Holdings Act. THE impugned orders have been passed on the application filed under Section 13-Aof the said Act by the petitioner.

(3.) THERE after; the petitioner filed an application under Section 13-A of the Act claiming reduction of area due to the ceiling operation in the village on the plea a that in the consolidation proceedings the tenure holder (petitioner) has been found to be entitled to a lesser area than the one with respect of which the ceiling of the petitioner's father was determined. Jhe said. application was dismissed by the Prescribed Authority on 29. 2. 1979. The District Judge also dismissed the appeal by the order dated 13. 8. 1979, filed by the petitioner. The order of the District Judge was subject matter of challenge in writ petition No. 9676 of 1979. The said writ petition after hearing the Counsel for the parties was allowed by the judgment and order dated 26th of November, 1980 and the matter was remanded to the Prescribed Authority with the direction that the ceiling authority will give effect to the reduction caused in area in consolidation to the petitioner. This was the sec-ond round of litigation in the Court.