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1968 Supreme(All) 217

LAKSHMI PRASAD, V. G. OAK
Ram Das – Appellant
Versus
State of UP – Respondent


Advocates appeared:
Hargur Charan Srivastava, For the Appellant / Chief Standing Counsel for Respondents, For the Respondent

JUDGMENT

Lakshmi Prasad, J. - This special appeal directed against the judgment of a learned single Judge dismissing the Appellant's petition Under Article 226 of the Constitution has its roots in proceedings under the UP Imposition of Ceiling on Land Holdings Act.

2. The Appellant did not file any objection u/s 9 of the said Act. Subsequent to the receipt of notice u/s 10 of the Act the Appellant preferred an objection on 3-3-1962. The village was notified under the UP Consolidation of Holdings Act on 16-3-1963. The Appellant objected to the notice issued u/s 10 on the ground that he did not actually own the area shown in the notice as his holding. It appears that the proceedings under the Imposition of Ceiling on Land Holdings Act dragged on for some time because of the two remands made by the appellate authority one after the other. The decision of the prescribed authority after the second remand was given on 4-7-1964. Aggrieved by this decision the Appellant went in appeal as provided under the said Act. Before the appellate authority the Appellant wanted to file the decisions of the consolidation authorities dated 27-12-1963, 28-12-1963, 2-1-1964 and 8-1-1964 which had the effec

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