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1978 Supreme(All) 772

K.P.SINGH
Dhirendra Mohan Chaudhary – Appellant
Versus
IInd Additional District Judge – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.R.K. Trivedi

JUDGMENT :

K.P. SINGH, J.

1. This writ petition is directed against the judgment of the II Addl. District and Sessions Judge, Bareilly dated 30-12-1976 in three Ceiling Appeals filed by the Petitioner before him.

2. Learned Counsel for the Petitioners has contended before me that the appellate authority has committed an error apparent on the face of the record in determining the ceiling area of the Petitioner without ascertaining as to what actual area was held and possessed by the Petitioners on the relevant date. He has invited my attention to the following observation made by the appellate authority:

On behalf of the Appellants it was also urged that the measurements of the land as given in the Khasra and Khatauni are not correct according to the spot and, therefore, the land to which they are held entitled should be left after measurements. However, this Court can not pass such order for any discrepancy in the entries regarding the area. The Appellants should approach the revenue authorities for the same.

3. In my opinion it appears that the appellate authority has refused to exercise jurisdiction vested in it by law. If the ceiling authorities are required to determine the ceiling








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