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2008 Supreme(UK) 573

B.S.VERMA
MAYA SHUKLA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
For the Petitioner:Mr. Alok Singh, Sr. Adv. with Mr. Gajendra Tripathi, Advocate
For the Respdts. No. 1 to 3 : Mr. Sudhir Kumar, Brief Holder

JUDGMENT

Since the controversy involved in all these writ petitions is similar, therefore, for the sake of convenience, all these petitions are being decided by this common judgment.

2. In all these writ petitions, the petitioners have assailed the order dated 28th July 1989 passed by Prescribed Authority (Ceiling)/Additional District Magistrate, Nainital and the order dated 24th October 1990, passed by the Additional Commissioner (Administration), Kumaon Division, Nainital.

3. Relevant facts giving rise to the present writ petition, in brief, according to the petitioners, are that petitioners Devendra Kumar Shukla, Rajendra Kumar Shukla and Smt. Maya Shukla, who are brothers and sisters and their father Indra Dev Shukla, entered into a family settlement in the year 1960 and memorandum of the settlement was executed on 15th July 1967 and the entire holding was divided into four shares. The petitioners got 1/4th share each in the land situate in village Gangapur Patia and they came over exclusive possession of their share in the year 1960. Subsequently, the matter was resettled between the petitioners and other tenure-holders and a gift deed dated 13th March 1972 was executed by Ind






















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