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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
IRSHAD ALI
Babu Khan – Appellant
Versus
Addl. Commissioner Admn.lucknow – Respondent
JUDGMENT :
IRSHAD ALI, J.
1. Heard Sri Aftab Alam, learned counsel for the petitioner and Sri S.P. Maurya, learned Additional CSC for the respondent - State.
2. The present writ petition has been filed challenging the impugned order dated 18.07.1998 passed by respondent No.1 and order dated 29.05.1997 passed by respondent No.2 and notice viz. From-III part C contained as annexures 1 to 3 to the writ petition.
3. Factual matrix of the case is that a notice under Section 10(2) / CLH Form 3-C was issued to the deceased petitioner on 29.02.1996 mentioning therein 15.65 Acres of irrigated land as ceiling surplus. In the said notice the holdings of the deceased petitioner of Village Barethi, Tahsil Gola, District Kheri was mentioned.
4. On 18.06.1996 objection was filed by the deceased petitioner asserting therein that even the statement as prepared under CLH Form 3 has been issued with vengeance of the Lekhpal and neither the same nor proper. Deceased is correct petitioner apart from his holdings of Village Barethi also gave details of his holdings in Village Rasoolpur and also specifically asserted that in the notice all the lands with area, which has been shown to be the holding of the dec
Authorities under the Uttar Pradesh Ceiling Act must prove surplus claims with adequate evidence; failure to adhere to principles of natural justice and misclassification of land holdings rendered th....
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 ....
The State must prove land irrigation status when challenged, failing which arbitrary classification under ceiling laws is invalid.
The court emphasized the importance of establishing the irrigation status of land and the applicability of definitions under the Ceiling Act in determining surplus land.
Imposition of Ceiling on Land Holdings Act does not permit retroactive scrutiny of land transfers pre-dating statutory cut-off; failure to follow judicial precedents constitutes a breach of natural j....
Appellate authorities must strictly adhere to remand order directives and procedural requirements; failure to do so results in vitiated orders regarding land surplus determinations.
The authorities must provide reasoned judgments, adhering to statutory definitions of land classification to ensure fair judicial processes in surplus determinations.
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.
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