Court No. - 36
Case :- WRIT - C No. - 35973 of 2018 Petitioner :- Ramesh Kumari Respondent :- State Of U P And 03 Others Counsel for Petitioner :- Arpit Agarwal Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Learned counsel for the petitioner prays for and is granted liberty to implead the Prescribed Authority (Ceiling), Shahjahanpur as respondent no. 5 within the course of the day.
The submission of learned counsel for the petitioner is that for determination of the ceiling land belonging to the petitioner comprising of plot no. 749, Ceiling Case No. 242 was registered and decided on 1.6.1983 alongwith two other cases. Approximately 3.51 acres of the land was declared surplus treating the entire plot as irrigated land. The appeal filed by the petitioner was allowed on 28.10.1983. The appellate authority had remanded the matter for fresh consideration holding that the entire plot shall be treated as unirrigated land. The order of the appellate authority was challenged in the writ petition by the State respondent, which was dismissed on 3.9.2002.
The submission of learned counsel for the petitioner is that with the dismissal of the writ petition, it was incumbent upon the Prescribed Authority to decide the matter pursuant to the directions issued by the appellate authority.
It is contended that the land in question initially fell within the jurisdiction of the Prescribed Authority (Ceiling), Shahjahanpur. However, due to bifurcation of the district, the plot in question now lies within the territorial jurisdiction of the district Pilibhit.
The submission is that the pending matters under the Ceiling Act were required to be transferred to district Pilibhit.
It is contended in paragraph '5' of the present writ petition that the Prescribed Authority, Pilibhit had not adjudicated the Ceiling Act pursuant to the order passed by the Prescribed Authority after transfer of the matter within his area of jurisdiction.
It is further contended that the records of the Ceiling Case No. 242 is not traceable either in district Pilibhit or in district Shahjahanpur. Despite best efforts made by the petitioner, file could not be traced.
Learned Standing Counsel appearing for respondents prays for and is granted three weeks time to seek instructions from both the respondent no. 3 namely the Prescribed Authority (Ceiling), Pilibhit and the respondent no. 5 namely the Prescribed Authority (Ceiling), Shahjahanpur with regard to the file of Ceiling Case No. 242 relating to plot no. 749 situated in the then village Pipariya Majhara, Tehsil Puwayan, District Shahjahanpur.
As prayed, put up this matter on 20.11.2018 as fresh.
Order Date :- 29.10.2018/Brijesh