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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
IRSHAD ALI
Afsar Jahan – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. factual background of the property as waqf. (Para 2 , 3) |
| 2. arguments regarding jurisdiction and procedural errors. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. court's analysis of the appeal and prior judgments. (Para 14 , 15 , 16 , 18 , 19) |
| 4. statutory interpretation of u.p. act no.20 of 1976. (Para 17) |
| 5. final ruling quashing previous orders. (Para 20 , 21) |
JUDGMENT :
Irshad Ali, J.
1. Heard Mohd. Arif Khan, learned Senior Advocate assisted by Mohd. Sadab Khan, learned counsel for the petitioner, Shri Syad Aftab Ahmad, learned counsel for the respondent-Shiya Central Board of Waqf, Uttar Pradesh, Lucknow, Shri vinod Kumar Gupta, learned counsel for the intervener, learned Standing Counsel for the respondents-State and Shri A.P. Singh, learned Advocate holding biref of Shri R.D. Shahi, learned Advocate.
2. By means of the present writ petition, the petitioner has prayed for issuance of a writ in the nature of Certiorari quashing judgment and order dated 8.4.1997 as well as the order dated 31.12.1974 of the Prescribed Authority and order dated 23.4.1976 passed in appeal.
3. Factual matrix of the case is that Raja Yasin Ali Khan , Ex Tauluqedar of Devgaon Estate
The authority failed to comply with statutory notice requirements and ignored prior legal determinations of Waqf property, leading to the quashing of disputed orders.
Orders against deceased individuals are null and void if legal heirs are not substituted and natural justice principles are violated.
Subordinate courts must comply with remand orders from higher authorities, and failure to do so renders subsequent orders unsustainable, especially in matters affecting legal heirs.
The appellate order allowing claims of adverse possession was quashed due to lack of evidence and presumption of collusion with the tenure holder.
The appellate authority’s reliance on will deeds for land titling, based on proper evidence and administrative remand, was upheld, confirming that past rulings subject to reconsideration do not apply....
The redetermination of surplus land under the U.P. Imposition of Ceiling on Land Holdings Act must occur within two years of the initial declaration, or it is jurisdictionally invalid.
The State must prove actual physical possession of surplus land to assert rights under the Urban Land Ceiling Act; failure to do so results in the abatement of proceedings under the Repeal Act.
The court established that land transfers made after the reference date under the Ceiling Act are not valid for determining surplus land, and the burden of proof regarding the classification of land ....
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