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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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