KAUSHAL KISHORE SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Since subject matter of both these petitions is the same, which relate to declaration of certain land as surplus under U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as "Ceiling Act"), the Court proceeds to decide the writ petitions by the common judgment and order which follows:

(2.) Writ Petition No.59 (Ceiling) of 1997 was filed by one Kaushal Kishore Singh on whose death, his wife Panna Devi has been substituted, however, no substitution application in Writ Petition No.46 (Ceiling) of 1997 has been made to substitute the legal heirs of Kaushal Kishoree Singh, who has been arrayed as respondent no.4 in the said writ petition.

(3.) Since these proceedings before this Court are pending since the year 1997 and as a matter of fact, the order by the Prescribed Authority (Ceiling), Unnao which is subject matter of challenge in these matters was passed way back in the year 1996 and sufficient time has elapsed since then, as such in the interest of justice, it is provided that Smt Panna Devi shall be deemed to be substituted in place of deceased respondent no.4-Kaushal Kishore Singh in Writ Petition No.46 (Ceiling) of 1997. Even otherwise, Kaushal Kishore Singh appears to be a proforma respondent in Writ Petition No.46 (Ceiling) of 1997.