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2008 Supreme(UK) 370

B.S.VERMA
BASANT COLLECTIVE AGRICULTURAL FARMING COOPERATIVE SOCIETY LTD. – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
For the Appellant :Mr. B.S. Parihar, Advocate
For the Respondent No. 1: Mr. Sudhir Kumar, Brief Holder

JUDGMENT

This writ petition has been filed to issue a writ, order or direction in the nature of certiorari quashing the orders dated 6.4.1983 and 22.2.1980 passed by the respondent no. 2 and 3 respectively.

2. Brief facts, giving rise to the present writ petition, according to the petitioner, are that the petitioner is a cooperative society registered under the provisions of the U.P. Cooperative Societies Act since the year 1959 and is covered by Section 77(1)(b) of the U.P. Cooperative Societies Act 1965 and is exempt from the purview of the ceiling law. The petitioner society is in possession of plot no. 14/4, measuring 97 Bighas in village Madhaiya Bakshi, Tahsil Bazpur, district Nainital, for the last more than twenty years and has become Bhumidhar of the same by adverse possession. The original tenure holder of the aforesaid plot was Shri Amar Nath Jaitley, respondent no. 4 (since deceased), but the petitioner society has acquired Bhumidhari rights over the same by adverse possession. Notice under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act was issued to said Amar Nath Jaitley-respondent no. 4. According to the petitioner, by order dated 30.8.1978, cer




























































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