Allahabad High Court
LAKHAN LALversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The order of the Appellate Authority dated 15‑07‑2026 is set aside and the matter remitted for fresh consideration.
Summary
The petitioner Lakhan Lal challenged an order dated 15 July 2026 passed by the Appellate Authority under the U.P. Imposition of Ceiling and Land Holdings Act, 1960. The High Court observed that the Appellate Authority failed to apply its independent mind and merely reiterated the Prescribed Authority's considerations, ignoring the grounds raised in the appeal memorandum and written submissions. Consequently, the Court found a case of interference with the appellate process. The impugned order was set aside and the matter was remitted to the Appellate Authority to pass a fresh order after proper consideration of all submissions. The writ petition was thereafter disposed of.
Issues considered
- Did the Appellate Authority exercise an independent mind while passing the order dated 15‑07‑2026?
- Whether the order is liable to be set aside for not considering the grounds raised in the appeal memorandum and written submissions?
- Appropriate relief in the writ petition challenging the appellate order
Legislation cited
- U.P. Imposition of Ceiling and Land Holdings Act, 1960
Subjects
- Writ petition
- Appellate Authority
- Independent mind
- Land ceiling
- Procedural fairness
- Set aside
- Remand
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35767 of 2026
Lakhan Lal
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rahul Sahai, Ravi Shankar Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Rahul Sahai, learned counsel for petitioner and Sri Prabhakar
Tripathi, learned Standing Counsel for State-Respondents.
2. After going through the impugned order passed by Appellate Authority
under the provisions of U.P. Imposition of Ceiling and Land Holdings
Act, 1960, the Court finds that there is a merit in the argument of learned
counsel for petitioner that Appellate Authority has not applied its
independent mind and pass impugned order dated 15.07.2026 only after
narrating the consideration made by Prescribed Authority. Particularly the
Court takes note of consideration made in the last part of impugned order,
which is only that order impugned therein was passed after consideration
objections filed by petitioner without considering or referring any ground
mentioned in memo of appeal and written submission. Therefore, a case
of interference is made out.
3. In aforesaid circumstances, impugned order dated 15.07.2026 is hereby
set aside and matter is remitted to Appellate Authority to pass a fresh
order after considering memo of appeal and written submission as well as
oral submissions, if made and for that petitioner will appear before
Appellate Authority on 23rd September, 2026.
WRIC No. 35767 of 2026
2
4. The writ petition is accordingly disposed of.
(Saurabh Shyam Shamshery,J.)
September 9, 2026
AK
Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad
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