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1971 Supreme(SC) 308

A. N. RAY, C. A. VAIDIALINGAM, G. K. MITTER, P. JAGANMOHAN REDDY, S. M. SIKRI
Inayat Ali Khan: Ghayyur Ali Khan: Latafat Ali Khan – Appellant
Versus
State Of U. P. – Respondent


Advocates:
D.P.Singh, O.P.RANA, S.C.AGRAWAL, S.C.Manchanda, S.RAMAMURTHY REDDY

Judgment

SIKRI, CJI.:- These appeals by special leave raise a common question as to the interpretation of Section 6, Cl. (xvii) of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 (U. P. Act I of 1961) - hereinafter referred to as the Act - and can conveniently be disposed of together. In Writ Petition 261 of 1968 the vires of this provision is challenged. This Writ Petition was heard along with these civil appeals and will be disposed by a separate judgment.

2. In order to appreciate the point a few relevant facts in the case of Civil Appeal No. 2018 of 1968 may be given. On receipt of a notice under Section 10 (2) of the Act the appellant, Inayat Ali Khan, filed objections. He is a horse-breeder. One objection was that he has a specialised farm and certain plots were being used for growing grass or for growing special types of crops which were used as fodder for horses. He relied on Section 6 (xvii) of the Act, which reads as follows:-"

6. "Exemption of certain land from imposition of ceiling.-

Notwithstanding anything contained in this Act, land falling in any of the categories mentioned below, shall not be taken into consideration for the purposes of determining the ceili

















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