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DINESH KUMAR SINGH
Jogendra Singh – Appellant
Versus
Addl. Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: V.K. Pandey, J.P. Tiwari.

JUDGMENT :

1. Heard Sri V.K. Pandey, learned counsel for the petitioner and Sri J.P. Maurya, learned Additional Chief Standing Counsel for the State-opposite parties.

2. The present writ petition has been filed seeking quashing of the orders dated 8.2.1993 passed by the prescribed authority and 24.6.1994 passed by the appellate authority under the provisions of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (for short ‘the Act, 1960’).

3. The dispute relates to Gata No.9/1/1M measuring 45.36 acres belonging to Amar Singh, opposite party no.7. Gata No.9/1/1/ along with some other gatas was jointly recorded in the name of Gur Bux Singh, Resham Singh and Trilochan Singh sons of Kartar Singh, Ratan Singh and Amar Singh. Total area of Gata No.9/1 was 136.09 acres, in which Amar Singh had share of 35.36 acres. It is said that all these tenure holders on the basis of mutual partition came into possession over their respective shares without any hindrance. Ceiling proceedings under the Act, 1960 were commenced against Amar Singh in the year 1982. Vide order dated 30.8.1982, the prescribed authority declared the said land of Amar Singh as surplus beyond the ceiling limit.

4. It is al

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