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2000 Supreme(SC) 151

2000(5) Supreme 58
SUPREME COURT OF INDIA
G.T. Nanavati & U.C. Banerjee, JJ.
State of U.P. -Appellant
versus
Chhuttan & Ors. -Respondents
Civil Appeal No. 484 of 2000
(Arising out of SLP (C) No. 7193 of 1998)
Decided on 21-1-2000

Headnote:Urban Land (Ceiling and Regulation) Act, 1976-Section 8(3)-Draft statement as regards vacant land held in excess of ceiling limit-Service of statement-Validity of notice served upon wife of holder of land by Process Server-Competent authority holding notice served on holder of land-Appellate authority holding notice not proper as not sent by registered post-High Court affirming view of appellate authority-Whether notice served on wife of holder amounted to valid notice or not was not considered by competent authority-Matter remitted back to competent authority. (Para 3)

       

ORDER

Leave granted.

2. Heard learned counsel for the parties.

3. The only point that arises for consideration in this appeal is whether the notice under Section 8(3) of the Urban Land and (Ceiling and Regulation) Act, 1976 was validity served upon the respondent who is the holder of the land. The competent authority has recorded a finding that notice dated 15.3.77 was served upon the holder on 27.3.77. The appellate authority held that the notice was not properly served as it was not sent by registered post but served through a Process Server. The High Court has also taken the same view. The requirement of sending notice by registered post would arise when notice is tried to be served through post. In this case the notice was served upon the wife of the holder by a Process Server. Whether that amounted to valid service of notice or not was not considered by the competent authority before recording the finding that it was served. As this aspect was not considered by the High Court and also by a authorities below, we set aside the impugned orders passed by them, remit the matter back to the competent authority for deciding the question of valid service of notice afresh after hearing the parties.

4. The appeal is disposed of accordingly.

(C.R.) Order accordingly.

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