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2010 Supreme(All) 1420

RAKESH SHARMA
State of U. P. – Appellant
Versus
Additional Commissioner (Judicial) Lucknow Division, Lucknow – Respondent


JUDGMENT

1. Heard learned Standing counsel appearing for the petitioner and Sri Virendra Singh who has put in appearance on behalf of respondents no. 3 to 39.

2. Through this writ petition the petitioner (State of U.P) has assailed the judgment and order passed by the Prescribed Authority (ceiling) on 31.8.89 and the order dated 31.1.91 passed by Additional Commissioner, Lucknow Division, Lucknow. The Prescribed Authority had allowed the objections filed by the respondent nos. 3 to 36. The Prescribed Authority dealt with objections put forth by the respondent nos. 3 to 38 and passed the order on 31.8.89, declaring that no surplus land was available with the said tenure holders. There land holdings were excluded from operation of the Rural Ceiling Act. The details of the land Gata/plots in respect of 27 objectors situated in village Dhakherwa Khalsa, Tehsil Nighasan, District Lakhimpurkheri have been given in judgment itself.

3. The proceedings under the U.P. Imposition of Ceiling on Land Holding Act, 1960(Old Act) were initiated in the above said village. The formal proceedings under Section 10(2) of the old Act of 1960 were taken against tenure holder Asif Ali son of Ejaj Ali, resi



















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