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2024 Supreme(All) 1575

CHANDRA KUMAR RAI
Roop Ram – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Anil Kumar Aditya
For the Respondent: C.S.C.

JUDGMENT :

Chandra Kumar Rai, J.

1. Heard learned counsel for the petitioner and Mr. Shyam Singh, learned Standing Counsel for the State respondents.

2. Brief facts of the case are that petitioner was allotted lease of the surplus land declared under Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1976 hereinafter referred as Ceiling Act. The proceeding for cancellation under Section 27 (4) of the Ceiling Act has been initiated by the State in the year 1994 and by ex-parte order dated 13.10.1995, the lease of the petitioner has been cancelled. Petitioner filed restoration application against the order dated 13.10.1995. The aforementioned restoration application was dismissed by the Commissioner vide order dated 4.4.2003 hence this writ petition filed on behalf of the petitioner for the following reliefs:-

    "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 4.4.2003 passed by respondent no.2 and the order dated 13.10.1995 passed by respondent no.3.

    (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in peaceful possession of the petitioner over the land in dispute."

3. This Co

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