SITARAM SUGAR COMPANY LTD, BITALPUR Vs. COMMISSIONER GORAKHPUR DIVI
LAWS(ALL)-2014-12-32
HIGH COURT OF ALLAHABAD
Decided on December 04,2014

Sitaram Sugar Company Ltd, Bitalpur Appellant
VERSUS
Commissioner Gorakhpur Divi Respondents

JUDGEMENT

- (1.) Heard Sri R.C. Singh, learned counsel for the petitioner-company, Sri PK Jain, learned Senior Advocate, who appears for respondent no. 6 as well as Sri Sanjai Goswami for the State-respondents.
(2.) This writ petition arises out of proceedings under the U.P. Imposition of Ceiling on Land Holdings Act (for short, 'the Act') and is directed against the orders dated 15.5.2014, passed by the Commissioner, Gorakhpur Division, in an appeal, and the order dated 28.1.1994, passed by the Prescribed Authority.
(3.) It appears that a notice under section 10(2) of the Act against the petitioner gave rise to Case No. 149/208 under section 10(2) of the Act. On the receipt of the notice, the petitioner is alleged to have filed an objection stating therein that the company was possessed of 77.31 acres of farm-land. The Prescribed Authority by the order dated 13.5.1977 declared 57.60 acres as surplus. The consequential appeal filed by the petitioner was allowed on 17.3.1991, and the matter was remanded back for a fresh decision. Thereafter, the company was acquired under the UP sugar Undertaking Acquisition Act, 1971 (hereinafter referred to as 'the Act of 1971').;


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