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1969 Supreme(All) 36

S.N.DWIVEDI, GANGESHWAR PRASAD, YASHODANANDAN
Upper Ganges Sugar Mills Ltd. – Appellant
Versus
Civil Judge, Bijnor – Respondent


Advocates:
K.C. Agarwala, for Petitioner; V. K. Khanna, for Respondents.

Judgement

DWIVEDI, J. :- M/s. Upper Ganges Sugar Mills Ltd. (hereinafter called the Company) has filed this writ petition. It appears that the Company did not file a statement in respect of its holdings as required by Section 9 of the Imposition of Ceiling on Landholdings Act (hereinafter called the Act). The Prescribed Authority accordingly prepared a statement of its holdings, mentioning the plots proposed to be declared as surplus land. This statement was served upon it in accordance with Section 10 (2). It was required to show cause why the statement should not be taken to be correct. The Company filed an objection. While the objection was pending, the Dhampur Sugar Mills Ltd., the fourth respondent, filed an application before the Prescribed Authority. The respondent claimed to be the exclusive tenure-holder of certain plots mentioned in the statement and wanted to be impleaded as a party in the proceedings. The Prescribed Authority rejected the application. On appeal, the Civil Judge has set aside the order and directed the Prescribed Authority to implead the respondent as a party and to decide its claim in accordance with law. The writ petition is directed against his order.

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