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2006 Supreme(All) 26

VINEET SARAN
DINESH KUMAR – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
A.K. Aditya, A.K. Mishra and U.K. Mishra for the Petitioner; S.C. for the Respondents.

JUDGMENT

Hon’ble Vineet Saran, J.—On 12.12.1975 the plot in dispute was declared surplus under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. Then on 6.3.1976 the Land Management Committee allotted one Bigha each from the said plot to Kripa (grand-father of the petitioner) and two other persons. On 19.11.1977, the Sub-Divisional Officer granted approval and thereafter the names of the allottees were recorded in the revenue records. After the death of the said Kripa in 1991, the name of the petitioner was entered in the revenue records. However, on 18.5.1993 a notice is said to have been issued to Kripa for cancellation of the lease of the plot granted in his favour. It is noteworthy that the said Kripa had already expired on that date and the name of the petitioner had already been entered in the revenue records. However, by order dated 23.9.1993 passed by respondent No. 2, the Additional Commissioner (Administration), Meerut Division, Meerut, the lease granted in favour of Kripa was cancelled. On coming to know of the same, on 9.2.1994 the petitioner filed an application for recalling the order dated 23.9.1993. The said application was rejected on 30.3.1994, which order











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