JASPREET SINGH
State of U. P. – Appellant
Versus
Kailash Nath – Respondent
JUDGMENT :
(Jaspreet Singh, J.)
C. M. Applications No.5 and 6 of 2022
1. The instant two applications have been moved by the petitioner to bring on record the heirs of deceased respondent no.2 Dinanath who is reported to have died on 20.10.2017. The record indicates that the notices were issued to the proposed legal heirs of the deceased. In furtherance whereof Shri Rajeiur Kumar Tripathi, learned counsel has filed his Vakalatnama.
2. Considering the aforesaid facts and the ground shown in the application which is found sufficient, accordingly, the applications are allowed. Learned Additional Chief Standing Counsel shall carry out the necessary amendment during the course of the day.
3. Heard Shri G.K. Pathak, learned Additional Chief Standing Counsel for the State-petitioner and Shri Rejeiu Kumar Tripathi, learned counsel appearing for private respondents on merits.
4. By means of the instant petition preferred under Article 226 of the Constitution of India, the State challenges the judgment and order dated 27.11.1979 passed by the District Judge in Ceiling Appeal No.148 of 1979 whereby the appeal of the private respondents was allowed and the order dated 26.03.1979 passed by the P
Santosh Hazari vs. Purushottam Tiwari (Deceased) by L.Rs. (2001) 3 SCC 179
Madhukar & Ors. v. Sangram & Ors.
B.V Nagesh & Anr. vs. H.V. Sreenivasa Murthy
State Bank of India & Anr. vs. Emmsons International Ltd. & Anr.
Uttar Pradesh State Road Transport Corporation vs. Mamta & Ors. (2016) 4 SCC 172
Rathinam @ Kuppamuthu and others Vs. L. S. Mariappan and others
State of U.P. Vs. Bankey Singh and others
Point of Law : once a transfer is shown to be bona fide and further satisfies all the other positive and negative conditions laid down in the proviso (b) to Section 5(6), there is no justification in....
Prescribed Authority and the Appellate Court did not have valid or sufficient grounds for rejecting the revised choice indicated by the petitioner because the choice can be revised till such time his....
The main legal point established in the judgment is the requirement to conform to the legal principles and observations made by the higher courts, particularly the Hon’ble Supreme Court and the High ....
The court held that valid sale deeds executed before the appointed date under the Ceiling Act must be considered, and notices issued post-death of the tenure holder are invalid.
The authorities must provide reasoned judgments, adhering to statutory definitions of land classification to ensure fair judicial processes in surplus determinations.
The court affirmed that changes in the U.P. Ceilings Act necessitate a re-determination of surplus land in adherence to legislative amendments, disallowing re-litigation on previously settled land is....
Imposition of Ceiling on Land Holdings Act does not permit retroactive scrutiny of land transfers pre-dating statutory cut-off; failure to follow judicial precedents constitutes a breach of natural j....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.