Ratan Singh vs State of U.P.and Another

Paritosh K. Mukherjee, J.

Having heard Sri Nawal Kishore Saxena appearing on behalf of the petitioner and learned standing counsel for the State of U.P. I am of the view that the order passed by the appellate authority being Additional Commissioner, Jhansi in allowing the appeal filed by the State on April 16, 1988 cannot be sustained in the eye of law, as after making local inspection in the presence of both parties the Prescribed Authority arrived at a necessary conclusion that the land of the petitioner, being "unirrigated land" and having no source of irrigation facilities and having found that the land is of one Fasli allowed the objection filed by the petitioner under Section 10(2) of the U.P. Urban Ceiling on Land Holdings Act 1960 (hereinafter referred to as the Act) vide his order dated May 18, 1987 contained in AnnexureII to the present writ petition.

Further in my view the appellate authority in exercise of his appellate power has constituted his opinion on no evidence and passed the aforesaid order, which cannot be sustained in law and accordingly the order passed by the appellate authority dated April 16, 1988 is hereby set aside.

Writ petition is allowed to the extent indicated above.

Respondents and each one of them are directed not to interfere with the possession of the petitioner until further orders.

There shall be no order as to costs. Petition allowed