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2020 Supreme(All) 58

YOGENDRA KUMAR SRIVASTAVA
Meghai – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: B.N. Pathak.
For the Respondent: C.S.C., Anuj Kumar, Awadhesh Mishra.

JUDGMENT :

1. Heard Sri Pawan Giri, holding brief of Sri B.N.Pathak, learned counsel for the petitioners and Sri Amit Manohar, learned Additional Chief Standing Counsel appearing for the State respondents.

2. Challenge in the present petition is to an order dated 02.06.2008 passed by the Additional Commissioner(Administration), Vindhyachal Mandal, Mirzapur in Case No. 12/333 of 2007 (Ghurau Vs. Meghai) in proceedings under Section 27 (4) of the U.P. Imposition of Ceiling On Land Holdings Act, 1960 [the Ceiling Act], whereby the lease granted in favour of the petitioners has been cancelled and the land in question has been directed to be reverted to the State Government.

3. Contention of the learned counsel for the petitioners is that the lease had been granted to the petitioners after completion of the requisite procedural formalities and that the order impugned has been passed without giving proper opportunity to the petitioners and as such the same is legally unsustainable.

4. Per contra, learned Additional Chief Standing Counsel appearing for the State respondents has supported the order passed by the Additional Commissioner by stating that the petitioners did not belong to the cate

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