The appellate authority’s reliance on will deeds for land titling, based on proper evidence and administrative remand, was upheld, confirming that past rulings subject to reconsideration do not apply res judicata.

JUDGMENT :

IRSHAD ALI, J.

1. Heard Sri Arya Shresth Tiwari, learned Additional CSC for the petitioner - State and Sri Mohd. Arif Khan, learned Senior Counsel assisted by Sri Mohd. Aslam Khan, learned counsel for respondent Nos.1 to 3 and Sri Ratnesh Chandra, learned counsel for the intervenor.

2. The present writ petition has been filed for quashing the order dated 14.10.1999 passed by respondent No.6 contained as Annexure No.1 to this writ petition and to restore the order dated 31.10.1994 passed by the Prescribed Authority contained as Annexure No.5 to this writ petition.

3. The writ petition is directed against the order dated 14-10-99 passed by opp. party no.6 in appeal No.57; Pateshwar Verma & others- Versus - State of U.P and others, including No.508/5-350 hectares (13- 173 acres) irrigated land from the surplus land declared by the prescribed authority vide order dated 27-03-1999. Certified Copy of the order dated 14-10-99 passed by opp. party no.6, is annexed as Annexure No.1 and the true copy of the order dated 27-03-1999 passed by Prescribed Authority is annexed as Annexure No.2 to the writ petition, respectively.

4. The notices under section 10(2) of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred as the Ceiling Act) was issued to original tenure holder namely Bhagwan Singh, predecessor-in- interest of opp. party no.4 and 5 and objection was filed by the original tenure holder. True copy of the objection filed by the original tenure holder namely Bhagwan Singh dated 30/31-8-94 is annexed as Annexure No.3 to the writ petition.

5. The original tenure holder namely Bhagwan Singh had taken specific plea in his objection dated 30/31-8-91 to the effect that plot no.508/5-350 hectares (13-173 acres) had wrongly been clubbed with the holding of the objector as the said plot belong to Pradeep Singh son of Jagdeep Singh.

6. Learned Prescribed Authority by means of order dated 31-03-1994 rejected the objection of the original tenure holder namely Bhagwan Singh and held that plot no.508 has rightly been included in the holding of Shri Bhagwan Singh. True copy of the order dated 31-03-1994 passed by Prescribed Authority is annexed as Annexure No.4 to the writ petition.

7. It is relevant to point out that the specific issue regarding title of Bhagwan Singh over plot no.508 situate in village Bargadaha has become final as this issue was not challenged at any forum.

8. Opposite party no.1 to 3 preferred appeal No. 115 under Section 13 of the Ceiling Act Anwar Alam and others Versus State of U.P. and learned opp. party no.6 by means of order dated 29-01-1997 set aside the order of Prescribed Authority dated 31-10-1994 and remanded the case for decision afresh. True copy of the order dated 31-10-1991 is annexed as Annexure No.5 and true copy of the order passed by Addl. Commissioner, Faizabad Division, Faizabad dated 29-01-1997 is annexed as Annexure No.6 to the writ petition.

9. Opposite party no.1 to 3 filed writ petition No.79 of 1995 Anwar alam & others-Versus- Addl. Commissioner and others and the Hon'ble High Court by means of order dated 21-06-1995 allowed the writ petition and directed the appellate court to pass appropriate order in the appeal. True copy of the order dated 21-06-1995 is annexed as Annexure No.7 to the writ petition.

10. The final order was passed by the appellate court on 29-01-1997 as indicated above, remanding the case for decision afresh. The Prescribed Authority by means of order dated 27-03-1999 rejecte