STATE OF U.P. Vs. DISTRICT JUDGE, PILIBHIT AND OTHERS
LAWS(ALL)-2002-9-281
HIGH COURT OF ALLAHABAD
Decided on September 26,2002

STATE OF U.P. Appellant
VERSUS
District Judge, Pilibhit And Others Respondents

JUDGEMENT

R.H.Zaidi, J. - (1.) Heard learned Standing Counsel and also perused the record.
(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 14.5.1981 passed by the Appellate Authority allowing the appeal filed by the contesting respondent No. 2, Sri Swaran Singh.
(3.) The relevant facts giving rise to the present petition, in brief, are that a notice under section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, for short "the Act" was issued to the respondent No. 2. On receipt of the notice respondents No. 2 and 3 filed objections contending that plot No. 30 was transferred by respondent No. 2 in favour of respondent No. 3 for valuable consideration and that plot No. 28 was an abadi plot, therefore, the same could not be treated as part of the holding. According to them, there was no land in possession of respondent No. 2 in excess of his ceiling limit. The notice issued to them was, therefore, liable to be discharged.;


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