MURARI LAL Vs. DISTRICT JUDGE AND ORS.
LAWS(ALL)-1984-8-81
HIGH COURT OF ALLAHABAD
Decided on August 08,1984

MURARI LAL Appellant
VERSUS
District Judge and Ors. Respondents

JUDGEMENT

Mahesh Prasad Mehrotra, J. - (1.) THESE three connected writ petitions under Art. 226 of the Constitution are directed against common orders passed in the ceiling proceedings under the U.P. Imposition of Ceiling on Land Holding Act, 1960, and, therefore, they can be disposed of by one common judgment. The brief facts are these. One Murari Lal was treated as the tenure holder and the notice under Section 10(2) of the Act was issued to him. Objections were Sled by him and it seems that his wife Smt. Shanti Devi, his daughters Brijeshwari and Sheela also filed objections. The Prescribed Authority disposed of these objections by his order dated 28.2.78, a true copy of which is annexure 11 to writ petition No. 904 of 1979, Murari Lal v. District Judge and others.
(2.) AGAINST the said order of the Prescribed Authority, four appeals were filed, the details whereof are as under: - - (i) Revenue appeal No. 10 of 1978 by Sri. Murarilal, the said tenure holder. (ii) Revenue appeal No. 11 of 78 by Smt. Shanti Devi, wife of the said tenure holder. (iii) Revenue appeal No. 12 of 78 by Brijeshwari Paliwal daughter of Murarilal. (iv) Revenue appeal No. 13 of 1978 by Sheela Devi, another daughter of Murarilal. The appellate court disposed of the appeals by the following operative order, contained in its judgment dated 28.10.78: Appeal No. 12 of 1978 and 13 of 1978 are allowed. The land measuring 20.91 acres belonging to Km. Brijeshwari Devi and Km. Sheela is to be excluded from being taken into consideration for purposes of determining the ceiling area of Murari Lal. Appeal No. 11 of 1978 of Smt. Shanti Devi is dismissed with costs to the respondent. Appeal No. 10 of 1978 of Murarilal is partly allowed The ceiling area of Murari Lal will be determined after excluding the land measuring 20.91 acres belonging to Km. Brijeshwari Devi and Km. Sheela, After excluding land measuring 17.55 acres is declared surplus instead of 38.46 acres. The area of this land will be taken out of the standing in the name of Murarilal. Km Brijeshwari Devi and Km. Sheela will bear their own costs of their respective appeals. Let copies of this judgment be placed on the record of Revenue Appeals Nos. 11 of 1978, 12 of 1978 and 13 of 1978.
(3.) AGAINST the said appellate judgment, these three connected writ petitions have been filed and the details thereof are as under: - - (i) Civil Misc. Writ Petition No. 787 of 1979 (by the State of U.P.). (ii) Civil Misc. Writ Petition No. 904 of 1979 (by the said Sri Murarilal, tenure holder). (iii) Civil Misc. Writ Petition No. 947 of 1979 (By Smt. Shanti Devi, wife of the said Sri Murari Lal tenure -holder).;


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