State Of U.P. vs Jeet Singh And Others

Dinesh Kumar Singh, J

Heard Mr. J.P. Maurya, learned Additional Chief Standing Counsel, representing the petitioner-State, and gone through the record.

The present petition has been filed, challenging the order dated 19.08.1996 passed by the Additional Commissioner (Ist), Lucknow Division, Lucknow in Appeal No.226 of 1994-95, under Section 13 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960.

The Prescribed Authority vide order dated 26.04.1995 declared 20.172 acres irrigated land as surplus land of the respondent no.1.

Aggrieved by the said order passed by the Prescribed Authority, respondent no. 1 preferred the aforesaid appeal. The appellate Court, vide impugned order dated 19.08.1996, partly allowed the appeal of the respondent no. 1 and, remanded the matter back to the Prescribed Authority for deciding the case in accordance with law, keeping in mind the observations made by the appellate Court.

In the writ petition, which was filed on 10.03.1998 by the petitioner-State, notice was issued, however, no interim order was granted.

In all likelihood the proceedings before the Prescribed Authority, on remand, would have got concluded and, the said proceedings should have attained finality.

Thus, this writ petition is disposed of having been rendered infructuous.

If the Prescribed Authority has not decided the proceedings on remand, the Prescribed Authority is directed to decide the same expeditiously, preferably within six months from today.

Let a copy of this order be transmitted to the Prescribed Authority concerned by Mr. J.P. Maurya, learned A.C.S.C.