BALBIR AND ORS. Vs. ADDL. COMMISSIONER AND ORS.
LAWS(ALL)-2015-11-65
HIGH COURT OF ALLAHABAD
Decided on November 20,2015

Balbir And Ors. Appellant
VERSUS
Addl. Commissioner And Ors. Respondents

JUDGEMENT

Anjani Kumar Mishra, J. - (1.) HEARD Sri Pradeep Kumar Rai learned counsel for the petitioners and Sri S.C. Verma for the respondents.
(2.) THE petition arises out of proceedings under the U.P. Imposition of Ceiling on Land Holdings Act and seeks quashing of the order dated 26.12.2006 passed by the respondent No. 1, Additional Commissioner, Saharanpur Division, Saharanpur and the order dated 31.10.1992 passed by the respondent No. 2, the Prescribed Authority. The litigation wherefrom this writ petition arises, has a long and chequered history. The relevant facts briefly stated are that the proceedings under the U.P. Imposition of Ceiling on Land Holdings Act were initiated against one Diley Ram.
(3.) BY an order dated 31.05.1976 an area of 55 bigha 2 biswa 16 biswansi was declared surplus in his hands. On an appeal it was held that only 6 bigha 11 biswa was surplus in the hands of the tenure holder and in its pursuance, on 04.04.1977 an amaldaramad was made, but by mistake only an area 1 bigha 9 biswa 17 dhoor was taken possession of. An area of 5 bigha 1 biswa 3 dhoor was not taken possession of. When this mistake was detected another parvana amaldaramad was issued on 28.07.1979 as regards this remaining area.;


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