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2023 Supreme(SC) 1038

PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
State Of U. P. – Appellant
Versus
Ehsan – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Rana Mukherjee, Sr. Adv. Mr. Rajeev Kumar Dubey, Adv. Mr. Chandrika Mishra, Adv. Mr. Ruchir Ranjan Rai, Adv. Mr. Ashiwan Mishra, Adv. Mr. Kamlendra Mishra, AOR
For the Respondent(s): Mr. Ankur Yadav, AOR Mr. Nitin Singh, Adv. Mr. Kuldeep Yadav, Adv. Mr. Shashank Shekhar, Adv. Mr. Apoorva Singh, Adv.

JUDGMENT :

MANOJ MISRA, J.

1. This appeal is directed against the judgment and order of the High Court1[High Court of Judicature at Allahabad] dated 08.10.2018, passed in Writ C No. 21009 of 2012, by which the writ petition of the first respondent2[The original petitioner] was disposed of by declaring that the land in dispute shall continue to be in possession of the original petitioner and would not be treated as surplus land as he is entitled to the benefits of the Urban Land (Ceiling and Regulation) Repeal Act, 19993[The Repeal Act, 1999]. In addition to the above, a direction was issued to the Competent Authority (Urban Ceiling) Saharanpur4[The Competent Authority] to ensure that the name of the original petitioner is restored in the revenue records.

Facts/Pleadings

2. The original petitioner had land holding admeasuring 7499.20 square meter comprising plot nos.166, 177, 179 and 185 in village Panjaura Bairoon, Tehsil and District Saharanpur. With the Urban Land (Ceiling and Regulation) Act, 19765[The Ceiling Act, 1976] coming into force, proceedings thereunder were initiated against the original petitioner giving rise to Case No. 2186 of 1976. In these proceedings, vide order date


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