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Rabindra Singh & Another v. State Of U.P. Thru' Collector Kushinagar & Others - WRIT - C No. - 60202 of 2007 [2007] RD-AH 18848 (13 December 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Janardan Sahai, J

It is submitted by the petitioner's counsel that the land of respondent nos. 4 to 7 was declared surplus in proceedings under the U.P. Imposition of Ceiling on Land Holding Act, 1961 which included the disputed land of which it is actually the petitioners who are the tenure holders and that there is also a decree under Section 229 B of the U.P. Zamindari Abolition & Land Reforms Act in favour of the petitioners' predecessors and the petitioners have objections under Section 11 (2) of the U.P. Imposition of Ceiling on Land Holding Act which are pending before the prescribed authority and during pendency of the proceedings the respondents are threatening to dispossess the petitioners. The only prayer made by the petitioners' counsel is that the prescribed authority may be directed to dispose of the objections within a time bound period and till then the petitioners may not be dispossessed from the land in dispute. It is stated that in a similar writ petition no. 18786 of 2002 Ram Bahadur Singh and others Vs. State of U.P. and others decided on 9.5.2002 such a direction has been issued.

I have heard learned standing counsel also.

- 2 -

In the facts and circumstances this writ petition is disposed of with the direction to the prescribed authority to decide the objections of the petitioner expeditiously and if possible within a period of three months from the date a certified copy of this order is filed before him. Until the disposal of the objections, the petitioners if they are in possession will not be dispossessed from the land in question. The benefit of the interim protection will be available to the petitioners only if they file a certified copy of this order before the prescribed authority within a period of two weeks from today.

Let a certified copy of this order be supplied to the counsel for the petitioners within two days on payment of usual charges.

Dt. 13.12.2007



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