HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
IRSHAD ALI,
Ram Yggya – Appellant
Versus
Addl. Commissioner J. Faizabad – Respondent
JUDGMENT :
IRSHAD ALI, J.
1. Heard Dr. R.S. Pande, learned Senior Advocate assisted by Sri Virendra Bhatt, learned counsel for the petitioner and Sri S.P. Maurya, learned Standing Counsel for the State-respondent.
2. By means of the present writ petition, the petitioner has prayed as under :-
"(i) a suitable writ, order or direction in the nature of certiorari quashing the impugned order dated 30-3-2002 passed by opposite party No.2 contained in Annexure No-2 and order dated 28-10-2002 passed by opposite party No-1 contained in Annexure No-1 to this petition.
(ii) ...
(iii) ..."
3. The dispute pertains to Gata No. 613, measuring 19 biswa and 5 biswansi, situated in village Rampur Puwari, Pargana Amsin, Tehsil and District Faizabad (now Ayodhya). Originally, the land was recorded in the name of late Shankar Singh after the abolition of zamindari, and was thereafter cultivated by Sita Ram, father of the petitioner, since the year 1953. His name was recorded in the Khasra and subsequently in Khatauni Part-II under Class-9 entries on the basis of continuous possession.
4. On 9-8-1965, Smt. Dukharaji filed a suit under Section 209 of U.P. Z.A. & L.R. Act, 1950 seeking declaration and possession
Abdul Hafiz Khan & another Vs. District Judge Bahraich & others
Ravindra Kaur Grewal v. Manjeet Kaur,
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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.
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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