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2024 Supreme(All) 643

MANISH MATHUR
Mithlesh Kumari – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Vivek Srivastava, Narendra Kumar Pandey.
For the Respondents: C.S.C., Vivek Srivastava.

JUDGMENT :

(Manish Mathur, J.) :

1. Heard Mr. N. K. Pandey, learned counsel for petitioner and learned State Counsel for opposite parties.

2. Petition has been filed challenging order dated 01.06.1989 passed by the Prescribed Authority under Section 10(2) of U. P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act of 1960) as well as order dated 13.01.1995 rejecting appeals no.272/660 and 273/661 under Section 13 of the Act. It has been submitted that earlier in proceedings held under Section 10 of the Act, vide order dated 26.06.1976, land held on behalf of one Jitendrakant Singh was held to be surplus. The said order was challenged in appeal before the District Judge which was allowed by means of judgment and order dated 04.01.1977 and the matter was remanded to the Prescribed Authority for decision a fresh whereafter another order was passed on 21.01.1984 which was again challenged before the District Judge concerned under Section 13 of the Act. The aforesaid appeal no.4 was again allowed by means of judgment and order dated 04.02.1987 with the finding recorded that the Prescribed Authority had failed to properly determine irrigated and unirrigat

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