LAWS(UTN)-2010-11-71

AMAR SINGH AND OTHERS Vs. STATE AND OTHERS

Decided On November 26, 2010
Amar Singh and Others Appellant
V/S
STATE AND OTHERS Respondents

JUDGEMENT

(1.) HEARD Mr. M.C. Pandey, the Learned Counsel for the Petitioners and Mr. Sudhir Kumar, the learned Brief Holder for the State.

(2.) PROCEEDINGS under Uttar Pradesh Imposition of Ceiling of Land Holdings Act, 1960 (hereinafter referred to as Act, 1960) was initiated against the recorded tenure holders. A notice under Section 10 (2) of the Act was issued to Respondent No. 4 Shri Prem Nath Mehta to show cause as to why the proposed land measuring 50.77 acres in village Kuwakhera and Sitarampur be not declared surplus.

(3.) THE Petitioners are not recorded tenure holders but contend that they are in possession of the land at village Sitarampur and are in cultivatory possession and consequently, they are entitled for a notice under Section 10(2) of the Act. Since notice was not given and the Petitioners came to know that the proceedings under the Act had been initiated, they appeared and filed objections separately under Section 10 of the Act.