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S. SAGHIR AHMAD
Mohammad Farooq – Appellant
Versus
Prescribed Authority, Ceiling, Kaiserganj, Bahraich Others – Respondent
JUDGMENT
S. Saghir Ahmad, J. - This is a petition under Article 226 of the Constitution of India.
2. On 16.9.83 I had disposed of the writ petition by the following order:
For the reasons to be recorded later, the writ petition is dismissed. The interim order, if any, is vacated. There will, be, however, no order as to costs.
3. I now proceed to give my reasons.
4. One Musharraf Ali was the original tenure holder to whom a notice under Section 10 (2) of the U.P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the 'Act') was issued, by which he was required the show cause why an area of 5.452 acres (in terms of irrigated land) be not declared as surplus. Musharraf Ali filed objection in which it was, inter alia, pleaded that an area of 18. 122 acres of land, which was recorded in the name of Smt. Hashmatun Nisa, could not be clubbed with the land standing in his name as she was no longer his wife, she having been divorced by him in the year 1970.
5. An objection of a similar nature was also filed separately by Smt. Hashmatun Nisa,. She pleaded that the land, which was recorded in her name was in her exclusive possession. She also pleaded that she had been divorced
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