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1973 Supreme(All) 102

GOPINATH, D.S.MATHUR, A.K.KIRTY
Hakim Singh – Appellant
Versus
Shiv Sagar – Respondent


Advocates:
G.N. Verma, M.C. Gupta, K.L. Misra, M.A. Ansari, S.P. Srivastava, R.R. Agarwal, Satish Chandra, R.B. Mehrotra, Aditya Narain Singh, A.N. Kaul, G.N. Kunjra, for Appellant; R.C. Srivastava, H.C. Srivastava, G.P. Bhargava, Standing Counsel and Addl. Govt, for Respondents.
.

Judgement

MATHUR, J. :- Special Appeal No. 499 of 1972 is by Hakim Singh, petitioner, against the order of the learned Single Judge of this Court dismissing, his Writ Petition No. 3306 of 1970, wherein the judgments and decrees of the Board of Revenue and the Additional Commissioner in a revenue suit under Section 229-B of the U. P. Zamindari Abolition and Land Reforms Act were challenged. This appeal was preferred even though under the Uttar Pradesh High Court (Abolition of Letters Patent Appeals) (Amendment) Ordinance, 1972, (U. P. Ordinance No. 12 of 1972) (hereinafter referred to as the Amending Ordinance), later replaced by the Uttar Pradesh High Court (Abolition of Letters Patent Appeals) (Amendment) Act, 1972, (hereinafter referred to as the "Amending Act") such an appeal was not maintainable. In the Special Appeal the petitioner has challenged the constitutionality of the Amending Ordinance and the Amending Act. At the time of the hearing of the Special Appeal, at the stage of admission the Bench referred the above question, i.e. maintanability of the Special Appeal to a larger Bench which has now come up for hearing before this Full Bench. The validity of the Amending Ordin



























































































































































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