KAMRUDDIN (DECEASED); MASOOM ALI; JAMALUDDIN AND ORS Vs. STATE & ORS
HIGH COURT OF UTTARAKHAND
Kamruddin (Deceased); Masoom Ali; Jamaluddin And Ors
State And Ors
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(1.) Heard Mr. Sharad Sharma, Senior Advocate
assisted by Mr. Arhar Baig, learned counsel for the
petitioner and Mr. H.M. Bhatia, learned Brief Holder
for the State.
(2.) By means of this writ petition, the petitioner has
sought a writ in the nature of certiorari for quashing
the judgment and order dated 19.11.1990 passed by
Prescribed Authority and the judgment and order
dated 12.2.1992 passed by Additional Commissioner
(Administration) Kumaun Division, Nainital.
(3.) In brief, the facts of the case, are that a notice
u/s 10(2) of the U.P. Imposition of Ceiling on Land
Holdings Act, 1960 (for short, the Act) was issued to
the petitioner by the respondent no.2 stating therein
that why 48 Bigha 13 Biswa land of the petitioner be
not declared as surplus. On receipt of the notice, the
petitioner filed his objection stating that the land of his
sons was wrongly clubbed with the land of the 2
petitioner and that his sons are in possession over the
land in individual capacity, and they have acquired
bhumidhari rights over the land in their independent
capacity. It was also alleged that the petitioner was
never in possession over the land of his sons neither
he enjoyed any profit and that his sons are major and
are living separately. Objections were also filed by the
sons of the petitioner.;
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