Anita and Others vs Commissioner and Others

This matter was listed today for recall of my order dated 8th July, 2002, whereby the writ petition was dismissed for want of prosecution. The said order has been recalled by me vide order of date passed on Civil Misc. Restoration Application No. 109056 of 2002. With the consent of the parties, the matter is being heard and decided on merits.

The Petitioner is aggrieved by an order dated 15th July, 1997, passed by the appellate authority under the provisions of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, hereinafter called the ''Act'', (Annexure-4 to the writ petition) wherein the appeal filed by the Petitioners has been rejected by the appellate authority under the said Act on the ground that the appeal is not maintainable and cannot be heard on merits as the Petitioners could have filed an application for recall of the order passed by the prescribed authority challenged in the present appeal on the ground of exigency that it was an ex parte order.

Under the provisions of Section 13 of the Act, appeal lies against an order passed by the prescribed authority. The Petitioners were aggrieved by the order of the prescribed authority dated 29th June, 1985. Be that as it may, two courses were open to them, one to apply to the prescribed authority for setting aside the said order which they termed as ex parte order, and secondly the Petitioners would have approached the prescribed authority against the order dated 29th June, 1985, will not deprive of their statutory right of appeal against the order of the prescribed authority.

In this view of the matter, the view taken by the appellate authority is erroneous and deserves to be quashed.

For the reasons stated above, this petition succeeds and is allowed. The order dated 15th July, 1997 (Annexure-4 to the writ petition) passed by the appellate authority, i.e., Commissioner, Jhansi Division, Jhansi, is quashed. The appellate authority is directed to decide the matter in accordance with law.