STATE OF UTTAR PRADESH Vs. SHYAM KUMAR ANAND

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal is directed against the judgment of the High court dated 31/3/1993 whereunder the word 'may' in Section 13 (3 of the U. P. Imposition of Ceiling and Land Holdings Act, 1960 (the Act) has been interpreted to mean 'shall'. Section 13 of the Act reads as under:

(3.) We, therefore, allow the appeal, set aside the impugned judgment of the High court and dismiss the writ petition filed by the respondents. The Commissioner shall hear the parties and decide the matter afresh as to whether the stay is to be granted in this case or not. No costs.