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NUPUR BHATI
State of Rajasthan – Appellant
Versus
Legal Representatives of Vishan Singh – Respondent
| Table of Content |
|---|
| 1. final disposition of the writ petition. (Para 1 , 16 , 17) |
| 2. procedural history of ceiling proceedings. (Para 2 , 3 , 4 , 5) |
| 3. impact of judicial precedence on ceiling determination. (Para 6 , 10 , 15) |
| 4. petitioner's arguments against the board's order. (Para 7) |
| 5. gift deed validity in context of ceiling law. (Para 8 , 9) |
| 6. respondents' counterarguments regarding ceiling laws. (Para 11 , 12 , 13 , 14) |
ORDER :
(Nupur Bhati, J.)
The instant writ petition has been preferred by the petitioner under Article 226 and 227 of the Constitution of India with the following prayers:-
2. The appeal preferred by the respondents before the Board of Revenue, Ajmer may kindly ordered to be dismissed with all its natural consequences;
3. Any other relief/reliefs which this Hon'ble Court may deem just and proper in the facts and circumstances of the case, may also be granted in favour of the petitioner."
2. Brief facts of the case are that:-
Prescribed Authority and the Appellate Court did not have valid or sufficient grounds for rejecting the revised choice indicated by the petitioner because the choice can be revised till such time his....
The authorities must provide reasoned judgments, adhering to statutory definitions of land classification to ensure fair judicial processes in surplus determinations.
The court held that valid sale deeds executed before the appointed date under the Ceiling Act must be considered, and notices issued post-death of the tenure holder are invalid.
Notice to tenure holder - Limitation - Ceiling area and surplus area - If a land has come to be held by a tenure holder under Section 29, Prescribed Authority shall proceed to determine ceiling area ....
Imposition of Ceiling on Land Holdings Act does not permit retroactive scrutiny of land transfers pre-dating statutory cut-off; failure to follow judicial precedents constitutes a breach of natural j....
The court affirmed that changes in the U.P. Ceilings Act necessitate a re-determination of surplus land in adherence to legislative amendments, disallowing re-litigation on previously settled land is....
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