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2024 Supreme(All) 801

SUBHASH VIDYARTHI
Dinesh Verma – Appellant
Versus
State Of Uttar Pradesh Thru Collector Lucknow – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mohd. Arif Khan, Mohammad Aslam Khan
For the Respondent: C.S.C.

JUDGMENT :

Subhash Vidyarthi J.

1. Heard Sri Mohd. Arif Khan, Senior Advocate assisted by Sri Abhishek Mishra, Advocate, the learned counsel for the petitioners and Sri Krishna Kumar Singh, the learned Standing Counsel.

2. By means of the instant petition filed under Article 226 of the Constitution of India, the petitioners have challenged the validity of a notice under Section 10(2) of the Uttar Pradesh Imposition of Ceiling On Land Holdings Act, 1960 (herein after referred to as ‘the Ceiling Act’), issued by the Prescribed Authority/Additional Collector (Administration), Lucknow on 06.01.1999, order dated 14.02.2005 passed by the prescribed authority rejecting the petitioners’ objection against the aforesaid notice, an order dated 31.08.2005 passed by the prescribed authority as well as the entire proceedings instituted by the notice issued under Section 10(2) of the Ceiling Act.

3. Briefly stated, facts of the case are that Bindra Prasad, grand father of the petitioners was tenure holder having separate Khata, whereas Randhir Verma, father of the petitioners, was also having his separate holdings. Bindra Prasad had executed various sale-deeds in the year, 1957 transferring an area o

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