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1957 Supreme(All) 70

DESAI, N.U.BEG
STATE OF UTTAR PRADESH – Appellant
Versus
MUKHTAR SINGH – Respondent


Advocates Appeared:
G.P.Goyal, K.B.Garg, Sant Prakash

DESAI, J.

( 1 ) THIS is an application, purporting to be under Order 45, Rule 13, C. P. C. , for the issue of an order staying operation of the order passed by this Court on October 8, 1956, in Writ Petition no. 252 of 1956 and maintaining the status quo as regards possession over the land covered by the orders of the consolidation authorities. The facts leading to this application are as follows:

( 2 ) UNDER Section 26 of the U. P. Consolidation of Holdings Act, 1953 (No. 5 of 1954) possession of some land belonging to opposite parties Nos. 1 to 11 was transferred to other tenants of the village, who are opposite parties 12 to 16. After exhausting the remedy as provided in the Act against the transfer they filed a petition for a writ of certiorari, Mukhtar Singh v. State of U. P. , Petn. No. 252 of 1956: (AIR 1957 All 297) (A ). A Bench of this Court quashed the orders of the consolidation authorities regarding transfer of possession of the Opposite parties land on 8th October, 1956 on the ground that Section 14 (ee) of the Act was unconstitutional. The State of U. P. has filed an application "for certificate for leave to appeal to the Supreme Court" and the application is pending.






















































































































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