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2021 Supreme(SC) 708

M.R.SHAH, SANJIV KHANNA
State of Orissa – Appellant
Versus
Sakhi Bewa (Dead) Through LRs. – Respondent


Advocates appeared:
For the Appellant(s) :Sibo Sankar Mishra, Niranjan Sahu, Advocate
For the Respondent(s):Maneka Guruswamy, Praveena Gautam, Pawan Shukla, Pranav Monga, Yash S. Vijay, Aman Sharma, Raja Ram, Advocate

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 30.07.2009 passed by the High Court of Orissa in OJC No.4048 of 1994 by which the High Court has allowed the said writ petition preferred by the respondents herein – original writ petitioners – original land owners and has quashed and set aside the orders passed by the Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as “the Act, 1976”) declaring Ac. 0.865-7 area of the land as excess vacant land under the provisions of the Act, 1976, the State has preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:-

    2.1 That the proceedings under the provisions of the Act, 1976 were initiated with respect to the holdings of the original writ petitioner No.1 – Sakhi Bewa. By order dated 01.03.1984, the Competent Authority under the Act, 1976 declared Ac. 0.865-7 as excess vacant land. Final statement under Section 9 of the Act, 1976 was issued on 27.03.1984.

    2.2 That thereafter a notification under Section 10(1) of the Act, 1976 was issued on 30.04.1984 with respect to the land declared as excess vacan

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