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1988 Supreme(All) 1183

R. P. SINGH
Diwakar Sahakari Krishi Samiti Ltd. – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
Anil Sharma, S.C. Budhwar and S.P. Singh, Advocates, for the Petitioners; Standing Counsel, for the Respondents

ORDER

R.P. Singh, J. - This writ petition arises out of an order passed by the Additional Commissioner, Moradabad Division, Moradabad in the exercise of his appellate powers under S. 13 of U.P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Act) in proceedings arising out of objections filed under S. 10(2) of the Act.

2. The facts of the case as averred in the writ petition are that the petitioners 2 to 42 are members of Diwakar Co-operative Agricultural Society Ltd., Telipara, district Bijnor, (in) a co-operative societies Act. Certain tenure-holders of village Telipara and Rajpur Kot pooled their land for the purpose of carrying out agricultural farming and formed a co-operative society for the said purpose in the year 1955 which was known as Telipara Co-operative Society. The said society carried on cultivation by mechanical process and managed by modern agricultural techniques. On 3rd March, 1959, the Committee of Management of the society resolved to constitute a trust for establishment of 'Gau Sadan', schools and hospitals for charitable purposes and the society resolved to give 620 Bighas, 3 Biswa land to the trust for the purpose of running the ch

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