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2010 Supreme(All) 3944

ARUN TANDON
A. Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Sri S.S. Tripathi, Advocate, for Petitioner.
SC, for Respondent.

Arun Tandon, J.;-

Proceedings under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, initiated against the petitioner, culminated in an order of the Prescribed Authority dated 30.10.1985. Not being satisfied with the order so passed, three sets of appeal were filed. One by the father of the petitioners namely Vijendra Singh, other by Narpal Singh and one by Parwati Devi. All the three appeals have been decided under a common judgment dated 21.07.1993 impugned in the present writ petition.

2. This writ petition is confined to the order passed on the appeal filed by the father of the petitioners, being Appeal No. 63/73/46/96/D-1985. From the order passed with reference to the aforesaid appeal, it is apparently clear that three points were pressed before the Appellate Authority i. e. (a) that the father of the petitioners was entitled to 3.62 acres of land being excluded from his land holding, as the aforesaid area was used as Abadi, Khalihan, Nali, Devi Sthan, Khad Ke Gaddhe. It was pointed out that during the consolidation operation the aforesaid area was excluded from the consolidation proceedings resulting in reduction in area of the father of the petition







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