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2007 Supreme(All) 2913

SHISHIR KUMAR
RAUNAQ ALI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
P.N. Saxena and M.A. Zaidi for the Petitioner; S.C. for the Respondents.

JUDGMENT

Hon’ble Shishir Kumar, J.—By means of the present writ petition the petitioners have approached this Court for quashing the orders dated 21.5.1987 and 15.1.1988 (Annexures 7 and 11 to the writ petition) passed by the Prescribed Authority and the Appellate Authority.

2. The facts arising out of the writ petition are that a notice under Section 10(2) of the Imposition of Ceiling Act was issued on 20.8.1979 to the petitioner No. 2 in respect of the proposal to declare an area of 23 bighas, 4 biswa and 3 biswansi. Petitioners filed an objection including an objection to this effect that the land which has been covered by sale deed dated 27.8.1971 executed by Smt. Mubarak Bibi, wife of the petitioner No. 2 and in favour of Raunaq Ali, petitioner No. 1 be excluded as bonafide sale deed after full consideration was executed on 27.8.1981. The aforesaid objection was accepted by the prescribed authority but on an appeal filed by the State appeal was allowed vide its judgment and order dated 9.3.1976. The same was challenged in Writ Petition No. 3142 of 1976. The writ petition was allowed on 28.8.1978 and the matter was remanded to the Appellate Authority. The Appellate Authority vid


























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