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2023 Supreme(All) 1401

ALOK MATHUR
Ram Kali Devi – Appellant
Versus
State Of U. P. Through Collector Unnao – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Abhisht Saran, Govind Saran Nigam, Nirmal Tewari, Rahul Kumar Kashyap, V.R. Singh

JUDGMENT :

1. Heard Abhisht Saran, learned counsel for petitioner as well as learned Standing Counsel for respondents.

2. By means of the present writ petition the petitioner has challenged the order dated 16.04.1991 passed by Additional District Magistrate/prescribed Authority under the Ceiling Act whereby he has allowed the application preferred by the State for recalling of his previous order dated 16.03.1991.

3. It has been submitted by learned counsel for petitioner that present dispute was initiated on issuance of a notice under Section 10 (2) of Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 on the petitioner.

4. The petitioner had filed her objections to the said notice and had stated that the lands in issue which are sought to be declared to be surplus under the Act of 1960 were in fact previously owned by her son, namely, Shreeprakash @ Munna. It was further stated that her son Shreeprakash had executed a will in favour of his sisters on 05.01.1978 which was duly registered on 27.12.1980 and the said property having been devolved on the legaties of the said will and the said land held after the said alienation would not be subjected to Ceiling Act 1960, and ca

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