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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
IRSHAD ALI
Nishar Ahmad Khan – Appellant
Versus
State of U.P.Thru Collector Shravasti – Respondent
JUDGMENT :
IRSHAD ALI, J.
1. Heard Shri Mohiuddin Khan, learned counsel for the petitioners, Shri S.G. Singh, learned Standing Counsel for the respondents-State and Shri Dinesh Chandra, learned counsel for the subsequent allottee.
2. The present writ petition has been filed challenging the judgment and order dated 10.09.2002 passed by the Commissioner (opposite party no.2) whereby the appeal preferred by the petitioners has been dismissed and the order dated 31.03.2001 passed by the Prescribed Authority under the provisions of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 has been affirmed.
3. The factual matrix of the case is that on 08.07.1974 a notice under Section 10(2) of UP Imposition of Ceiling on Land Holding Act was issued in which area held by the petitioner's father and grand-father of ( petitioners no. 9 to 12) was shown 23.056 acres land un-irrigated equivalent to 13.697 acres irrigated land was proposed to be declared surplus and an area 29.400 acres irrigated land was held within the ceiling limits.
The petitioner's father and grand father of the petitioner no. 9 to 12 filed an objection with the allegation that the entire land is unirrigated ancestral land an
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