Neutral Citation No. - 2025:AHC-LKO:13449 Court No. - 19 Case :- WRIT - C No. - 12296 of 2016 Petitioner :- Santosh Kumar Pandey Respondent :- State Of U.P.Thru Prin.Secy.Revenue Deptt.Lko.And Ors. Counsel for Petitioner :- Kuldeep Singh,Mohan Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel for the opposite parties. 2. Petition has been filed challenging order dated 18.01.2016 passed by Additional Commissioner (Administration), Faizabad whereby petitioner's Appeal under Section 20(1) of U.P. Imposition of Ceiling on Land Holdings Act, 1960(hereinafter referred to as the Act of 1960) has been rejected. 3. Learned counsel for petitioner submits that earlier the Prescribed Authority by means of order dated 16.01.1975 had declared petitioner's land surplus with regard to Gata No.88 situate in Village Jagdishpur. Objections thereto were filed and a representation was also filed on 20.08.2010 whereafter petitioner filed Writ Petition No.11239(M/B) of 2010 seeking return of additional land of petitioner which he claims possession whereof has been taken illegally by opposite parties. The said petition was disposed of vide judgment and order dated 20.11.2010 directing the District Magistrate to decide petitioner's representation. 4. In pursuance there, petitioner submitted representation dated 30.03.2011 which was also rejected by means of order dated 25.11.2011. Appeal thereagainst has been rejected by means of impugned order. 5. It has been submitted that in his representation dated 30.03.2011, petitioner had taken twin objections that firstly, excess land had been taken by opposite parties beyond that was declared to be surplus and secondly, that interest at the rate of 3.5% per annum was required to be paid to petitioner in terms of Section 22 of the Act of 1960 on the delayed compensation. 6. It is submitted that vide order dated 25.11.2011, the representation filed by petitioner has been rejected only on ground that in pursuance of directions issued by this Court, a spot inspection was carried out of the plot in question and compensation in terms of report submitted has also been paid. It is submitted that however, aforesaid aspects of excess possession of land having been taken by opposite parties and payment of interest on delayed payment have not been addressed at all. 7. Learned State Counsel has refuted the submissions advanced by learned counsel for petitioner with submission that petitioner has been paid compensation at the rate prevailing from the date of taking over possession of the land in question and therefore there is no question of payment of interest to petitioner in lieu of land. 8. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident that the authorities were required to decide petitioner's representation in terms of order dated 20.11.2010 passed by this Court earlier. It is also obvious that in his representation dated 30.03.2011, petitioner has taken a specific plea with regard to excess possession by opposite parties of his property over and above the land notified as surplus and also for payment of interest on delayed payment of compensation. 9. A perusal of orders dated 25.11.2011 and 18.01.2016 however also makes it evident that aforesaid aspects have not been addressed at all by authorities though required to be done by this Court earlier. The said orders are therefore quashed by issuance of a writ in nature of Certiorari. 10. In view of aforesaid facts, opposite party no.4 i.e. District Magistrate, Faizabad is directed to reconsider petitioner's representation dated 30.03.2011, particularly with regard to points raised regarding possession of excess land of petitioner over and above the one declared surplus as also with regard to payment of interest in terms of Section 22 of the Act of 1960. Such a decision shall be taken by said authority within a period of three months from the date a certified copy of this order is submitted before the said authority. 11. With aforesaid directions, petition stands finally disposed of. Order Date :- 5.3.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench