State Of U.P.And Others vs Ist A.D.J. Andothers
2023 Latest Caselaw 10117 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- WRIT - C No. - 3001314 of 1983
 

 
Petitioner :- State Of U.P.And Others
 
Respondent :- Ist A.D.J. Andothers
 
Counsel for Petitioner :- C.S.C.
 
Counsel for Respondent :- M.P. Yadav,C.S.C.,D.C.Mukharji,Devi Prasad Maurya,Jagdish Prasad Maurya,Sandeep Kumar
 

 
Hon'ble Rajnish Kumar,J.

Heard.

This Court had passed the following order on 10.02.2023:-

"Heard.

Sri J. P. Maurya, learned counsel appearing for the proposed legal heirs of respondent no. 3 informs that the order impugned is dated 15.10.1982 whereby the learned Additional District Judge-I, Kheri i.e the appellate authority had remanded the bunch of the appeals to the prescribed authority (Celing) Nighasan, for determination of the ceiling and the surplus area in the light of finding of the appellate court. The argument is that apart from the instant petition being liable to be dismissed on the ground of the common judgment in the bunch of appeals having been challenged by means of only one petition yet the relevant aspect of the matter is that in pursuance to the remand order dated 15.10.1982, the prescribed authority has already passed an order dated 26.3.1985. Copy of the said order has also been made available to the learned Standing counsel by the learned counsel for the respondents today in Court.

Learned Standing counsel prays for some time to seek instructions.

As such, list this case in next week."

Learned Standing Counsel on the basis of instructions submits that the matter has been decided by the prescribed authority afresh by means of the order dated 26.03.1985. Therefore he does not dispute that this writ petition has rendered infructuous.

Dismissed accordingly.

Order Date :- 5.4.2023

Akanksha