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1985 Supreme(All) 728

K. N. MISRA
Abdul Hafiz Khan – Appellant
Versus
Distt. Judge, bahraich – Respondent


JUDGMENT

K.N. Misra, J. - This writ petition is directed against the order passed by opposite parties 1 and 2 in proceedings under the U.P. Imposition of Ceiling on Land Holdings Act, for short 'the Act'.

2. Briefly stated, the facts of the case are that a notice under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, (for short, the Act), was issued to the recorded tenureholder Nazim Ali son of Sri Kasim Khan, resident of Kanjarwa, District Bahraich. This notice was in respect of the land situate in several villages including village Kanjarwa recorded in the name of Sri Nazim Ali. An objection was filed by Sri Nazim Ali against the notice served on him. After taking into consideration the objections raised by Nazim Ali, the Prescribed Authority declared land measuring 25.648 acres to be surplus land. Sri Nazim Ali preferred appeal. The appellate court reduced the land declared as surplus to 16.766 acres. Sri Nazim Ali thereupon filed an application before the Prescribed Authority on 8121976 in which he indicated his choice and mentioned plots situate in village Kanjarwa which he wanted to be declared surplus land to the extent of 16.766 acres. At this stage of th

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