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2007 Supreme(All) 1043

S.U.KHAN
CHANDRA VEER SINGH. – Appellant
Versus
SUB-DIVISIONAL MAGISTRATE, BAGHPAT, MEERUT – Respondent


Advocates:
Counsel :
Tej Pratap Singh and Siddharth Singh for the Petitioner; S.C. for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—This writ petition arises out of proceedings under U.P. Imposition and Ceiling on Land Holdings Act, 1960. Earlier proceedings against the petitioner were dropped by order of this Court passed in an earlier writ petition and it was directed that as fresh notice had been issued against the petitioner, hence the matter must be heard and decided again. The Prescribed Authority/S.D.O., Baghpat, District Meerut, decided the fresh proceedings through order dated 4.1.1982 (or 29.1.1982). Through the said order, it was declared that petitioner possessed 8 bighas 5 biswas 14 biswancies land as surplus. Copy of the said order is Annexure-3 to the writ petition. The said annexure, at the top of it bears the number of case as Case No. 99 of 1974. However, in the body of the judgment, it is mentioned that the number of case, initiated after order of the High Court, is Case No. 03 of 1976. Against the order of Prescribed Authority, petitioner filed appeal No. 82 of 1986-87. The said appeal was dismissed on 28.7.1987 by Additional Commissioner, Meerut, hence this writ petition.

2. In this writ petition, only two points have been argued. One is that the sale deed o









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