KRISHNA SINGH Vs. STATE OF U. P. AND OTHERS
HIGH COURT OF ALLAHABAD
State of U. P. and others
Referred Judgements :-
TRIBENI ENGINEERING WORKS V. STATE
MAHADEO V. CIVIL JUDGE
MAHENDRA SINGH V. STATE
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M.P.Mehrotra, J. -
(1.)-This petition arises out of the proceedings under the U. P. Imposition of Ceiling of Land Holdings Act, 1960.
(2.)The facts, in brief, are these. The petitioner was issued the notice under Sec. 10 (2) of the; Act, and he filed objections. They were decided by the prescribed authority by his order dated 27-12-1976, a certified copy whereof is on the record. Thereafter, an appeal was filed and the same was dismissed by the appellate court by its judgment dated 19-12-1978, a certified copy whereof is on the record. Now the petitioner has come up in the instant writ petition and in support thereof, I have heard, Sri V.B. Khare, Learned counsel for the petitioner. In opposition, the Learned Standing Counsel has made his submission.
(3.)Learned counsel for the petitioner contended that some land which was covered by the Nala, should have been excluded. This objection was not taken in the objections as is clear from the order of the prescribed authority. Further, in my opinion, the mere fact that on a part of the plot there is a Nala. will not mean that the land covered by the Nala has ceased to be a part of the holdings of the tenure-holder. Being a part of the holding of the tenure holder and there being no provision under Sec. 6 of the Act, it will continue to be land. (See Mahendra Singh Vs. State (1979 All WC 165): (1979 All LJ 553) and Tribeni Engineering Works Vs. State, 1978' All WC (SOC) 33) .
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