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2007 Supreme(All) 720

S.U.KHAN
NOORULLAH – Appellant
Versus
ADDITIONAL COMMISSIONER, MEERUT DIVISION, MEERUT – Respondent


Advocates appeared:
M.A. Qadeer, Madhusudan Dixit, P.A. Ansari for the Petitioner; R.B. Pradhan, S.C. for the Opposite Parties.

JUDGMENT

Hon’ble S.U. Khan, J.—Heard learned Counsel for the parties. Ceiling proceedings under U.P. Imposition of Ceiling on Land Holdings Act, 1960 were finalised against the petitioner and it was held that he did not possess any surplus land. Thereafter 4th notice was issued against the petitioner under Ceiling Act on 7.5.1977. The said notice was directly challenged through writ petition No. 1700 of 1977. Writ petition was allowed on 6.4.1979 and notice was quashed. Thereafter 5th notice was issued on 5.9.1983 copy of which is Annexure-3 to the writ petition. The said notice was issued under Section 29/30 of the Ceiling Act. Under the said provision if subsequently un-irrigated land becomes irrigated then fresh proceedings for determination of surplus area may be initiated. In the said notice it was mentioned that two plots i.e. Plot Nos. 150 and 653 had become subsequently irrigated. Petitioner filed objections. In the said objections firstly he contested the allegations of the notice and stated that the aforesaid two plots had not become irrigated. Apart from that petitioner also contended that after finalisation of earlier proceedings he had sold some property and his sons wh









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