9911796707
TMI Blog2003 (12) TMI 638X X X X Extracts X X X X X X X X Extracts X X X X ..... . The proceedings under the Act have taken a long and a rewinding course. Its brief survey is necessary to appreciate the challenge made by the appellant to the impugned orders of the Prescribed Authority and the High Court. The appellant has lands in two villages viz., Rampur and Raghapati. Before the Prescribed Authority, the appellant claimed exclusion of certain lands transferred bona fide by him. He also sought exclusion of certain lands covered by canal constructed by the State of U.P. He also claimed exclusion of land which he described as 'grove' land. The appellant also raised dispute about the classification of his lands by the authority as irrigated and unirrigated. His case was that some of the lands were unirrigated and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant approached the High Court in earlier Writ Petition No. 3997 of 1977 questioning the correctness of rejection of some of his objections. The High Court in writ petition no. 3997 of 1977 by order dated 19.1.1979 rejected the appellant's contentions that some of the lands were covered by the canal and deserved to be excluded. According to the High Court, it is open to the appellant to exercise his choice and surrender such plots which according to him form part of the canal. The High Court also rejected the appellant's plea with regard to one more sale deed which the appellant wanted to be treated as a bona fide transaction. The writ petition was partly allowed by remanding the matter to the Prescribed Authority to allow parties t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parties shall be allowed fresh opportunity to lead additional evidence on the controversy as to whether that land should be treated as irrigated or unirrigated. Such evidence should be in the light of the law laid down in the said Division Bench pronouncement of this Court. The Prescribed Authority shall deal with each separate plot number an and state how both the requirements laid down in any of the three categories of Section 4-A of the Act stand satisfied or do not stand satisfied. Thereafter the plots shall be decided to be irrigated or unirrigated in the light of the law laid down in the said Division Bench pronouncement. The Prescribed Authority shall thereafter determine the ceiling area and the surplus land and allow the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded to examine only the question of categorisation of the lands in two villages as irrigated or unirrigated. He, thereafter, re-determined the same extent of 32.87 acres in general terms and 23.84/12/25 acres in terms of irrigated as surplus land and thus confirmed his initial order dated 29.11.1976. 9. The appellant again approached the appellate authority under the Act which was Additional Commissioner, Judicial, Gorakhpur Division. The appellate authority by its order dated 18.03.1997 confirmed the last order of the Prescribed Authority dated 29.3.1996 mentioned above. 10. We have heard learned counsel appearing for the parties. On the resume of the contents of various orders passed by the Prescribed Authority, the Appellate Authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or before the appellate authority' only meant that the remand would be restricted to re-determination of the nature of the land and all other issues decided which have not been disturbed of the order of the District Judge in appeal shall not be allowed to be re-agitated. 12. From the contents of the order of the High Court, we have no manner of doubt that the writ petition of the holder of the land against the judgment of the District Judge had only succeeded with an order of the remand limited to re-examination of the nature of the lands. In all other respect, the order of the District Judge was confirmed prohibiting reopening of the same. We have already mentioned above that the order of the District Judge passed in appeal dated 05. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anded. The prescribed Authority shall re-determine the ceiling limit and declare the surplus land, if any, of the appellant on the basis of the judgment of the District Judge dated 5.8.1977, to the extent it has attained finality by its affirmance by order dated 19.1.1979 of the High Court. In so re-determining the ceiling area of the appellant, the nature of land and its categorisation, as irrigated or unirrigated, shall be made In accordance with the order dated 29.3.1996 of the prescribed Authority which we do not intend to disturb to that extent as categorisation of land under Section 4-A of the Act, is essentially a question of fact, to be determined on the basis of evidence led by the parties. After re-determination of the ceiling lim ..... X X X X Extracts X X X X X X X X Extracts X X X X
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