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2011 Supreme(All) 1122

SHISHIR KUMAR
RAJAT LAL – Appellant
Versus
COMMISSIONER – Respondent


Advocates:
Counsel :
Rajiv Gupta, G.N. Verma and P.K. Jain for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Shishir Kumar, J.—Present writ petition has been filed for quashing the order dated 28.th June, 2006 (Annexure 13 to writ petition), order dated 13.9.2004 (Annexure 7 to writ petition) and order dated 25.9.1983 (Annexure 4 to writ petition). Further a writ in the nature of mandamus commanding respondents not to dispossess petitioners from land in dispute.

2. Present writ petition is arises out of a proceeding under U.P. Imposition of Ceiling of Land Holding Act, 1960. In the year 1974, proceedings were initiated against one Narendra Lal and Rajendra Lal and two ceiling cases were registered as Case Nos. 212 of 1974 and 214 of 1974. Both the cases were consolidated and decided by prescribed authority on 25.2.1975 declaring certain land as surplus. Two separate appeals were filed as Appeal Nos. 377 and 378 of 1975 and State of U.P. has also filed two separate appeal Nos. 441 and 442 of 1975. By order dated 22nd January, 1976, judgment was passed in all four appeals dismissing the appeals filed by State of U.P. and has allowed the appeals filed by tenure holders and remanded the matter to be decided in accordance with observation made in appeal by the prescribed authori



































































































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