LAWS(SC)-2010-9-55

RITESH TEWARI Vs. STATE OF UP

Decided On September 21, 2010
RITESH TEWARI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been preferred against the judgment and order dated 20th January, 2009, passed by the High Court of judicature at Allahabad in Civil Misc. Writ Petition No. 45169 of 2008 by which the prayer of the appellants to quash certain inter-departmental communications has been rejected. Facts:

(3.) One Mawasi, resident of Saraivega Hemlet of village Kakratha, Tehsil and District Agra, had two sons, namely, Sukha and Shyama. Shyama has only one son namely, Rammo. Descendents of Sukha have been Ballo, Radhe Ram, Babu and Sohan Singh. They were having certain land in Gata Nos. 870, 258, 192, 258/2 and 258/5 measuring 9 Bighas 14 Biswas situate in the revenue estate of Village Kakratha Pragana, Tehsil and District Agra. The Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter called Rs. the Act 1976) came into force in the State of Uttar Pradesh with effect from 17th of February, 1976. The aforesaid tenure holders were subjected to the provisions of the aforesaid Act 1976. They had filed their respective declaration as required under the Act 1976, however, the record reveals that ex-parte assessment orders had been passed against all of them under Section 8(4) of the Act 1976 on 30th January, 1981, 31st January, 1981, 30th March, 1981, 8th May, 1981 and 25th May, 1981, declaring an area of land as surplus.