Case brief
What is this about?
Allahabad High Court (Lucknow Bench), Subhash Vidyarthi J., 16.5.2024 — Writ-C No.3000015 of 2004 (Brij Nath Singh v. State of U.P.) with Writ-C No.3007453 of 1990 (Amar Singh v. State of U.P. through D.M. Bahraich); recall of dismissal-in-default order dated 05.01.2023 allowed, petition restored; challenge to appellate order dated 09.04.1990 of Additional Commissioner, Faizabad Division in ceiling Appeals No.104/500/14 and 102/501/17 under S.13(1), U.P. Imposition of Ceiling on Land Holdings Act, 1960; held: entire matter stood remanded to the prescribed authority for fresh decision on merits after spot inspection; writ petition disposed of directing expeditious fresh decision in accordance with law; parties free to raise all pleas.
What did the court decide?
Writ petition disposed of with a direction to the prescribed authority to decide Appeal No.104/500/14 along with connected Appeal No.102/501/17 under section 13(1) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 expeditiously in accordance with law, keeping in view the observations of the Additional Commissioner, Faizabad Division, Faizabad in its judgment order dated 09.04.1990; parties left free to raise all pleas available in law; separately, the order dated 05.01.2023 dismissing Writ-C No.3007453 of 1990 in default was recalled and that writ petition restored to its original number.