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LAL SINGH & OTHERS versus ADDL. COMMISSIONER (ADMN.) AGRA DIVISION & OTHERS

High Court of Judicature at Allahabad

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Lal Singh & Others v. Addl. Commissioner (admn.) Agra Division & Others - WRIT - C No. 63305 of 2005 [2005] RD-AH 3572 (26 September 2005)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. S.N. Srivastava, J.

Heard learned counsel for the petitioners and learned Standing Counsel and perused the record.

Prescribed Authority under the U.P. Imposition of Ceiling on Land Holdings Act declared certain land as surplus land.  The appellate authority set aside order of the Prescribed authority and held that no land of the tenureholder was surplus.  It transpires from the record that during pendency of the proceedings certain land, which was earlier declared as  surplus land, was allotted to the petitioners.  The authorities below held that in view of the fact that as the order declaring the land as surplus land has been set aside and the land was held to be of the Tenureholder, the allotment made in favour of the petitioners is ineffective.

This Court fully agrees with the finding recorded by the Additional Commissioner, Agra Division, Agra, that as allotment was made during pendency of the earlier proceedings, now petitioners cannot get any right on the basis of such allotment in view of finding of appellate authority.

Petition lacks merit and is dismissed.

26.9.2005

bgs/-63305


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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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