K.T.THOMAS, R.P.SETHI
BABANPASWAN – Appellant
Versus
PRATIMA DEVI – Respondent
( 1 ) LEAVE granted.
( 2 ) THERE was determination of the ceiling area in respect of the family of prabal Pratap Singh and Dinesh Prasad Singh and it was then worked out that 43. 26 acres was excess land. The present Respondent 1 Pratima Devi being the sister of the aforesaid two persons raised some dispute stating that she was not heard in the matter. In the meanwhile the surplus land was distributed to different persons and the present appellants came into possession of some areas of that surplus land pursuant to the allotment made in their favour in 1985. Thereafter Prabal Pratap Singh and Dinesh Prasad singh filed a writ petition challenging the aforesaid determination of the excess land and also the distribution in favour of the appellants. Though the appellants were made parties in the said writ petition, the High Court ultimately dismissed their writ petition and the LPA filed by those two persons was withdrawn subsequently.
( 3 ) THEREAFTER the present 1st respondent Pratima Devi filed CWJC No. 323 of 1999 before the High Court contending that she was not heard and she was vitally interested in the matter before determining the ceiling area applicable to the family of Prati
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