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2019 Supreme(SC) 277

A.M.SAPRE, DINESH MAHESHWARI
Sheetla Devi – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellant :Mr. Anurag Dubey, Advocate, Ms. Anu Sawhney, Adv. Mr. S. R. Setia, AOR
For the Respondent: Mr. Tanmaya Agarwal, AOR Mr. Shwetank Sailakwal, Adv.

JUDGMENT

Abhay Manohar Sapre, J.

This appeal is directed against the final judgment and order dated 05.01.2008 passed by the High Court of Judicature at Allahabad in C.M.W.P. No. 359 of 2008 whereby the High Court dismissed the writ petition filed by the appellants herein.

2. This appeal involves a short point as would be clear from a few facts mentioned hereinbelow.

3. The matter relates to the land, which was subject matter of the ceiling proceedings under the U.P. Imposition of Ceiling of Land Holdings Act, 1960 (hereinafter referred to as "the Act").

4. One Ram Bharose Lal originally held the land in question. The proceedings in relation to his entitlement to hold the land after the Act came into force began on 30.01.1974 with issuance of notice to him under Section 10 (2) of the Act.

5. Since 30.01.1974 till passing of the impugned order by the High Court on 05.01.2000, out of which this appeal arises, the matter relating to the land in question was being dealt with either by the Prescribed Authority or the Appellate Authority under the Act and then by the High Court in its writ jurisdiction in several rounds.

6. On the death of the original holder, his wife-appellant No. 1 and son-a















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