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1978 Supreme(All) 613

V.K.MEHROTRA
SAVITRI DEVI – Appellant
Versus
STATE OF U P – Respondent


V. K. MEHROTRA, J.-, J.

In this petition under Article 226 of the Consti tution, the petitioner assails the decisions of the Prescribed Authority and that of the Addl. District Judge, Bareilly in appeal refusing to exempt the area of plot nos. 1126 and 1127 situate in village Agras Tahsil and District Bareilly over which, according to the petitioner tenure holder, were situate some buildings including a residential house. According to the petitioner, she was entitled to claim exemption in respect of these plots in the matter of their inclusion in her surplus area under the provisions of the U. P. Imposition of Ceiling of Land Holdings Act, 1960.

The order passed by the 4th Addl. District Judge, Bareilly in appeal filed by the petitioner is annexure 4 to the writ petition point no. 1 posed for decision by the learned Judge was as to "whether plot numbers 1126 and 1127 are to be exempted as building. While dealing with the submission as regards this point, the learned Judge found that in these plots apart from a tube well and some pucca building for the tube well, there existed "some pucca building for the purposes of residence of servants working on the farm -. According to him a bu









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