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2008 Supreme(All) 2131

SHISHIR KUMAR
MAHAVIR SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Anil Sharma and Radhey Shyam for the Petitioner; C.B. Yadav, S.C. for the Respondents.

JUDGMENT

Honble Shishir Kumar, J.—This writ petition has been filed in the nature of certiorari quashing the impugned order dated 30.7.1996 passed in Appeal No. 4 of 1995-96.

2. The facts arising out of the present writ petition are that a notice under Section 10(2) of U.P. Imposition of Ceiling on Land Holdings Act was issued to petitioner Mahavir Singh. In view of the aforesaid notice, an area of 16.57 acres was proposed as surplus. An objection was filed on behalf of petitioner claiming therein that his son is major, as such, he is entitled for two additional hectares of surplus land. It was also alleged in the objection filed on behalf of petitioner that petitioner has transferred the land and the transferees are in actual physical possession of the land in dispute. The prescribed authority vide its order dated 30.6.1976 confirmed the notice and declared the land mentioned in the notice under Section 10 (2) of the Act. Aggrieved by the aforesaid order, petitioner filed an appeal under Section 13 of the Act. The said appeal too was dismissed vide its judgment and order dated 5.8.1978. Petitioner aggrieved by the aforesaid order, preferred Writ Petition No. 9362 of 1978, which was





















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