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Thakur Ram Janki & Others v. State Of U.P. & Others - WRIT - C No. 34858 of 2007  RD-AH 13343 (1 August 2007)
HON. ARUN TANDON, J.
Under the impugned order of the Additional Commissioner, Batsi Division, Basti, passed in proceedings under Section 13 of the U.P. Imposition of Ceiling of Land Holdings Act, 1960, the matter has been remanded for reconsideration of the issue pertaining to the land be irrigated or un-irrigated.
Counsel for the petitioner challenges the order of remand on the ground that one of the pleas raised both before the Prescribed Authority as well as in the appeal, to the effect that the land in question vests in three different deities (Reference- paragraph 7-A of the objection filed by way of amendment application), have not been considered either by the Prescribed Authority or by the Appellate Authority. Hence this petition.
In the facts and circumstances of the case writ petition is disposed of with a direction upon the Prescribed Authority to consider the matter on remand as per the order of the Appellate Authority, preferably within six weeks from the date a certified copy of this order is filed before him. In case the object raised by the petitioner qua the land being vested in three different deities has not been considered earlier, it will be open to petitioner to canvas the aforesaid objection again. The Prescribed Authority shall record findings in respect of the said objections also in the order to be passed, while decide the matter on remand.
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