ARJUN SINGH Vs. AMBIKA PANDIT

JUDGEMENT

(1.) Heard Mr. Shashi Shekhar Dvivedi, learned Senior Advocate, appearing for the petitioners, Mr. B.K. Mishra, learned counsel appearing for respondent Nos. 1 to 4 and learned J.C. to S.C. 3 (Ceiling).

(2.) The petitioners seek quashing of the order dated 4.2.2005 passed by the Additional Member, Board of Revenue, in Board Case No. 124 of 2004 (Annexure-3).

(3.) This case has chequered history. In first round of litigation the admitted position was that the land was recorded in Khatian as an orchard. The stand taken by the petitioners of this case was that such land was not an agricultural land. Ultimately the learned Single Judge held that even an orchard was fully covered by the definition of land in Sec. 2(f) of the Ceiling Act and simply on that account the disputed land could not be out of the purview of the Act. But before the learned Single Judge and specially before the L.P.A. Bench the stand taken was that there was a house on the land in question and the pre-emptor himself had constructed a house adjoining the land and thus the nature of the land had undergone a change. Since there was no evidence led by the parties on this issue as the case had been fought solely on the question of maintainability, the matter was remanded back to the original court for reconsideration after considering the evidence to be submitted by the parties.