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1966 Supreme(SC) 205

J. M. SHELAT, K. SUBBA RAO, M. HIDAYATULLAH, S. M. SIKRI, V. RAMASWAMI
State Of U. P. : Raja Anand Brahma Shah – Appellant
Versus
Raja Anand Brahma Shah: State Of U. P. – Respondent


Advocates:
A.K.SEN GUPTA, B.R.L.Iyengar, C.K.DAFTARY, K.L.Mehta, O.P.RANA, S.K.MEHTA, SHANTI BHUSHAN, V.P.MISRA

Judgment

SIKRI, J. : These appeals by certificates granted by the High Could of Judicature at Allahabad raise one principal question : Whether the amendment of the definition of the word estate in clause (8) of S. 3 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Reforms Act) made by S. 2 of the Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment) Act, 1963, hereinafter called the impugned Act, is within the definition of the word estate in Art. 31-A (2) of the Constitution?

2. These appeals arise out of a petition filed by Raja Anand Brahma Shah of Agori Barhar-Raj under Art. 226 of the Constitution. The State of Uttar Pradesh had issued a notification No. 3549/1/A-499 dated June 30, 1953, extending the provisions of Reforms Act, 1950, to apply to the areas to the South of Kaimur Range. It then issued another notification No. 3949/(1) A-499-1949 dated July 1953, directing the vesting of all estates situated to the south of Kaimur including the Pargana Agori, owned by the petitioner. The Pargana Agori is comprised of 123 villages. At the time the petition was filed and the judgment of the Single Judge, dated November


































































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