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Y.K. SINGH versus A.C.

High Court of Judicature at Allahabad

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Y.K. Singh v. A.C. - WRIT - C No. 24114 of 1987 [2007] RD-AH 9485 (17 May 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

(Court No.23)

Civil Misc. Writ Petition No.24114 of 1987

Yash Karan Singh and others  vs.  The Additional Commissioner, Allahabad Division, Allahabad and others

Hon.S.U.Khan,J.

In the earlier ceiling proceedings initiated against  Ram Singh in the form of case no.37 o 1974 Prescribed authority (Ceiling)/Sub Divisional Officer, Chibbramau District Farrukhabad passed an order on 29.10.1974, copy of which is Annexure-1 to the writ petition.  In the said order it was held that sale deed executed by the tenure holder on 24.12.1970 was quite genuine.  According to the operative portion of the said order the tenure holder did not possess any surplus land.  Thereafter fresh ceiling proceedings were initiated on the same ground.  Matter was several time remanded by the appellate court.  Ultimately Prescribed authority through order dated 29.9.1986 passed in case no.81 of 1984 State vs. Ram Singh held that Ram Singh possessed surplus land to the extent of 13.05 acres.  Against the said order appeal was filed being Appeal No.2 of 1986.  Appeal was dismissed by Additional Commissioner, Allahabad Division, Allahabad on 9.9.1987 hence this writ petition.  The Prescribed Authority as well as appellate court through orders dated 29.9.1986 and 9.9.1987 held that sale deed dated 24.12.1970 was not genuine.

As the said question had already been decided in favour of the tenure holder through order dated 29.10.1974 hence it could not be reopened vide D.N.Singh vs. Civil Judge and others A.I.R. 1999 S.C. 2264.

Accordingly, writ petition is allowed.  Both the impugned orders are set aside.

17.5.2007

RS/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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