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1970 Supreme(All) 104

JAGDISH SAHAI, W.BROOME, S.TRIVEDI
The Agricultural and Industrial Syndicate Ltd. , Saharanpur – Appellant
Versus
The State of U. P. – Respondent


Advocates:
N.A. Kazmi. for Petitioner; Standing Counsel, for Opposite Parties.

Judgement

JAGDISH SAHAI, A. C. J. : The Agricultural and Industrial Syndicate Limited Saharanpur (hereinafter referred to us the petitioner) holds about 2,000 acres of land. Under the provisions of the Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Act), the prescribed Authority after hearing the petitioner, carved out some land as "surplus land" from its holding. Dissatisfied with the order of the prescribed Authority, the petitioner appealed to the District Judge, Saharanpur under the provisions of Section 13 of the Act, who relying upon Kali Prasad v. State of Uttar Pradesh. 1964 All LJ 896 dismissed it on January 31, 1964.

2. The petitioner then filed writ petition No. 1701 of 1964 in this Court which came up for hearing before a learned single Judge, who referred the case to a Division Bench. On a reference made by the Division Bench the matter has come before us.

3. While the case was still pending before the learned Single Judge, on 18-9-1967 the petitioner made an amendment application to the writ petition for the incorporation in it of the plea that the village in which the holding is situate having come under consolidation operations by virtue of
































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