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1989 Supreme(SC) 529

KULDIP SINGH, S.NATARAJAN, K.N.SAIKIA
Kallu: Abaran Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
A.K.SRIVASTAVA, B.S.Chauhan, M.V.GOSWAMY, Prithvi Raj, R.S.RANA

JUDGMENT

NATARAJAN, J.:- In these appeals by special leave, the appellants assail the interpretation given to certain provisions. of S. 4-A of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 as amended by U. P. Acts 18 of 1973 and 20 of 1976 (hereinafter referred to as the Act) by the Alliahabad High Court. Conflicting interpretations had been given by single Judges on the relevant provisions and hence a reference was made in Kallu v. State of U. P. and Ors. (Civil Misc. Civil Petition No. 11370 of 1975) to which connected writ petitions were tagged on to a Division Bench for an authoritative pronouncement on two questions viz.

"1. What is the true scope and effect of sub-clause (b) of clause firstly of S. 4-A ?

2. In particular, whether the said sub-clause would take in the entire plot only if two crops were grown in every inch of the land covered by it."

The Division Bench, in its reported judgment Kallu v. State of U. P., 1979 All U 1113 has discussed the matter and answered the two questions as under (at pp. 1117-18):

"Clause firstly of S. 4-A requires the Prescribed Authority to form an opinion as to whether, during the material Fasli years, irrigation facilities were av































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