KAMRUDDIN (DECEASED); MASOOM ALI; JAMALUDDIN AND ORS Vs. STATE & ORS
LAWS(UTN)-2012-11-74
HIGH COURT OF UTTARAKHAND
Decided on November 19,2012

Kamruddin (Deceased); Masoom Ali; Jamaluddin And Ors Appellant
VERSUS
State And Ors Respondents

JUDGEMENT

- (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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