HARDEV SINGH vs PRESCRIBED AUTHORITY, KASHIPUR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 17

S. ABDUL NAZEER, KRISHNA MURARI
HARDEV SINGH – Appellant
Versus
PRESCRIBED AUTHORITY, KASHIPUR – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Nagendra Singh,Adv. Mr. Y.P.Singh,Adv. Mr. Sanjay Gupta,Adv. Mr. Vipul Maheshwari,Adv. For M/S. V. Maheshwari & Co., AOR Mr. Vishwa Pal Singh, AOR
For the Respondent(s): Mr. Tanmaya Agarwal,Adv. Mr. Jatinder Kumar Bhatia, AOR

JUDGMENT :

KRISHNA MURARI, J.

1. These appeals are directed against the common judgment and order dated 20.08.2008 passed by the High Court of Uttarakhand at Nainital (hereinafter referred to as ‘High Court’) dismissing the two Writ Petitions based on identical facts raising common questions of law, filed by the appellants herein. Writ Petitions arose out of proceedings under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as ‘Act of 1960’).

Facts

2. The factual matrix of two Civil Appeals being identical, reference is being made to the facts of Civil Appeal No. 2295 of 2010 which are as under:

The Secretary of State for India executed a lease deed dated 25.08.1920 under the Government Grants Act, 1895 (Act No. 15 of 1895) in favour of one Lala Khushi Ram. On demise of Lala Khushi Ram, the lease hold rights were inherited by ‘Harikishan Lal’ Respondent No. 2 herein, as a successor. He executed a registered sub-lease for agricultural purposes of an area measuring 2.49 acres in favour of the Appellants herein.

3. The Prescribed Authority, Kashipur (Respondent No. 1 herein), issued a notice under Section 10(2) of the Act of 1960 to Respondent No

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2022 Supreme(SC) 17

S. ABDUL NAZEER, KRISHNA MURARIHARDEV SINGH – AppellantVersusPRESCRIBED AUTHORITY, KASHIPUR – Respondent

Cases Referred (1)

S. ABDUL NAZEER, KRISHNA MURARI
HARDEV SINGH – Appellant
Versus
PRESCRIBED AUTHORITY, KASHIPUR – Respondent