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PANKAJ BHATIA
Gur Lal Singh – Appellant
Versus
State Of U. P. Thru. Addl. Chief/Prin. Secy. Deptt. Of Revenue, Lko. – Respondent
JUDGMENT :
Pankaj Bhatia, J.
1. Present petition has been filed for the following reliefs:
II. To issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 26.11.2007 passed by the Prescribed Authority (Ceiling) Lakhimpur, District Kheri, Uttar Pradesh i.e. the Respondent No.3, a copy whereof is annexed as Annexure-2 to this writ petition.
III. To issue a writ, order or direction in the nature of mandamus commanding the Respondents not to act upon the impugned order dated 26.11.2007 and impugned appellate order dated 30.07.2008 and create any hinderances in the peaceful enjoyment of the land in question of the Petitioners.
IV. To issue such other order or direction which this Hon'ble Court may deem just and proper in the circumstances of the case to protect the right and interest of the Petitioners.”
2. The facts, in brief, are that one Smt. Ajeet Kaur, mother of petitioner
A void sale deed executed during ceiling proceedings does not confer any rights, and thus the petitioners lack standing to challenge the surplus land orders.
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....
Civil Law - Impleadment application - Pendente lite purchaser - Section 52 of Transfer of Property Act that Supreme Court has emphasized that a transferee pendente lite is not void ab initio. It only....
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.
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....
The doctrine of lis pendens applies to subsequent purchasers; their rights are subordinate to those of the decree holder in a specific performance case.
The court emphasized that a transfer made during a life interest is void under the Land Ceiling Act, but substantive rights under the Transfer of Property Act remain intact, necessitating a civil sui....
The court emphasized that a transfer pending litigation is not void but subservient to the ongoing suit, affirming judicial discretion to allow impleadment to protect bona fide purchasers' rights.
The court ruled that a sale deed executed before the relevant date is protected under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, and failure to serve notice invalidates surplus lan....
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