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2007 Supreme(All) 2689

SHISHIR KUMAR
GAJENDRA PRATAP SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Pradeep Chandra, Anil Kishore Sharma, Avdhesh Kumar, Pradeep Kumar Singh and Saurabh Gaur for the Petitioner; Damodar Pandey, S.C. for the Respondents.

JUDGMENT

Hon’ble Shishir Kumar, J.—By means of the present writ petition the petitioner has approached this Court for issuing a writ of certiorari quashing the order dated 10.11.1987 (Annexure 5 to the writ petition) passed by the respondent No. 2 and order dated 26.6.1989 (Annexure 6 to the writ petition) passed by the respondent No. 3. Further issuing a writ in the nature of mandamus commanding the respondents not to give effect of the orders dated 10.11.1987 and 26.6.1989 passed by the respondent Nos. 2 and 3 and further commanding the respondents that they be restrained from dispossessing the petitioner from the land in dispute.

2. The brief facts arising out of the present writ petition are that a notice under Section 10 (2) of the U.P. Imposition of Ceiling on Land Holdings Act was issued to Rajvir Singh, who contested the said proceeding on number of grounds, as the objection was considered and the matter was determined by the appellate authority. However, in view of the notice issued to Rajvir Singh, a share belonging to the petitioner was also included for the purposes of declaration of surplus land. No notice as required under Rule 8 of the Rules, 1961 was ever issued by t






































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