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2008 Supreme(All) 2077

SUDHIR AGARWAL
SHISHU PAL SINGH – Appellant
Versus
PRESCRIBED AUTHORITY/UPPER ZILA ADHIKARI, MORADABAD – Respondent


Advocates:
Counsel :
Y.S. Saxena and Manoj Misra for the Petitioners; S.C. for the Respondents.

JUDGMENT

Honble Sudhir Agarwal, J.—Heard Sri Manoj Misra, learned counsel for the petitioner and learned Standing Counsel for the respondents.

2. The writ petition is directed against the order dated 30.3.1991 passed by Prescribed Authority/Addl. District Magistrate under Section 10 (2) of U.P. Imposition of Ceiling on Land Holdings Act, 1860 (hereinafter referred to as the Act) and the order dated 29.1.1992 passed by the Commissioner, Moradabad Division, Moradabad, dismissing the appeal of the petitioner.

3. A notice under Section 10 (2) of the Act was served upon petitioners father Het Ram Singh on 12.3.1988 to show cause as to why his holding of 17.40 acres be not declared surplus. He filed objection on 24.3.1988. During the continuance of the said proceedings before the prescribed authority, Sri Het Ram Singh died and the petitioners were substituted as his legal heirs. The petitioners filed sale-deeds executed separately in their names showing that they were all major having their own income and have purchased the land independently and, therefore, their holdings cannot be included with the holding of their father. The prescribed authority, however, rejected their objection and





















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