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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
IRSHAD ALI
Ajai Pratap Singh – Appellant
Versus
Additional Commissioner Faizabad – Respondent
JUDGMENT :
IRSHAD ALI, J.
1. Heard Dr. R.S. Pande, learned Senior Advocate assisted by Sri Mahendra Kumar Sharma, learned counsel for the petitioners and learned Standing Counsel for the State-respondent.
2. By means of the present writ petition, the petitioners have prayed for the following reliefs:-
"A. Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 26.4.1982 passed by opposite party No.2 contained in Annexure No.2 and order dated 5.3.1998 passed by opposite party No.2 contained in Annexure No.1 to the writ petition.
B. Issue a writ order or direction in the nature of Mandamus commanding the opposite parties to decide the objection filed by the petitioners on the basis of will executed in their favour by the recorded tenure holder Fateh Bahadur Singh.
C. ...
D. ..."
3. The present writ petition has been filed challenging the order dated 26.04.1982 passed by the Prescribed Authority under the U.P. Imposition of Ceiling on Land Holdings Act as well as the appellate order dated 05.03.1998 whereby the appeal preferred by the petitioners has been dismissed and the order of the Prescribed Authority has been affirmed.
4. The dispute relates to 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....
Prescribed Authority and the Appellate Court did not have valid or sufficient grounds for rejecting the revised choice indicated by the petitioner because the choice can be revised till such time his....
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.
Notice to tenure holder - Limitation - Ceiling area and surplus area - If a land has come to be held by a tenure holder under Section 29, Prescribed Authority shall proceed to determine ceiling area ....
The authorities must provide reasoned judgments, adhering to statutory definitions of land classification to ensure fair judicial processes in surplus determinations.
Point of Law : once a transfer is shown to be bona fide and further satisfies all the other positive and negative conditions laid down in the proviso (b) to Section 5(6), there is no justification in....
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....
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