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2005 Supreme(All) 331

KRISHNA MURARI
Prema Devi, Rajendra Kumar – Appellant
Versus
Additional District Judge, Khuman Singh Halkoo Singh – Respondent


Advocates:
N.K.SAXENA, S.K.Purwar,

KRISHNA MURARI, J.

( 1 ) THESE are two connected writ petitions arising out of proceeding under the U. P. Imposition of ceiling on Land Holdings Act (for short the Act) between the same parties.

( 2 ) HEARD S/sri N. K. Saxena, R. R. Sheoharey and learned Standing Counsel appearing for respective parties in both the writ petitions

( 3 ) ONE Khuman Singh (petitioner in writ petition No. 9714 of 1988) is the tenure holder against whom proceeding for determination of surplus land was initiated. Smt. Prema Devi (petitioner in writ petition No. 16412 of 1984) is transferee of certain plots belonging to Khuman Singh under sale deed dated 15. 4. 1972.

( 4 ) THE facts are that objection filed by Khuman Singh was rejected by the prescribed authority on 2. 11. 1974 against which he filed an appeal which was allowed and the case was remanded back to the prescribed authority. After remand Smt. Prema Devi also filed objection claiming herself to be the transferee of certain plots under sale deed dated 15. 4. 1972. The prescribed authority vide order dated 27. 1. 1977 declared an area of 4. 03 acres in terms of irrigated land as surplus in the hands of Khuman Singh. It was also held that land tran




















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