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2021 Supreme(All) 452

RAJNISH KUMAR
Satbir Singh – Appellant
Versus
Addl. Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: H.S. Sahai, Badrul Hasan, Chhote Lal Yadav, Jagannath Prasad Yadav, Manjusha Kapil, Mohd. Hayun Hasan, Mohsin Khan, Qamarul Hasan, U.S. Sahai, Uma Shankar Sahai.

JUDGMENT :

RAJNISH KUMAR, J.

1. Heard Shri U.S. Sahai, learned counsel for the petitioners and Shri Rajesh Tiwari, learned Additional Chief Standing Counsel for the State.

2. This petition has been field challenging the order dated 24.07.1991 passed by the Prescribed Authority i.e. the opposite party no. 2 and order dated 30.05.1996 passed by the Additional Commissioner-1, Lucknow Division, Lucknow i.e. opposite party no. 1.

3. The brief facts of the case, for adjudication of the present writ petition, are that a notice under Section 10(2) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred as the Act) was issued to the grand father of the petitioners namely Munsha Singh in 1977 in respect of the land held by him as Bhumidhar. The ceiling area and surplus area were determined. Thereafter a Will was executed by Munsha Singh in favour of his four grand sons including the petitioners. Munsha Singh had died in the year 1980. After his death mutation was made in favour of the petitioners. A notice dated 14.03.1989 under Section 10(2) of the Act was issued to the Laxman Singh i.e. the father of the petitioners. An ex-parte order was passed by the oppos

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