SHIV KALI DEVI Vs. STATE

JUDGEMENT

(1.) Heard Shri Rajiv Mishra, learned counsel for the petitioner nos.1 and petitioner no.2/1/2. Shri Abhijeet Mukherjee, learned Advocate for petitioner No.2/1 namely Aditya Narain Misra and petitioner no.2/1/1 namely Ashok Kumar Misra and Shri Sanjay Goswami, learned Additional Chief Standing Counsel.

(2.) By means of the present petition, the petitioners are challenging the order dated 4.1987 passed by the Prescribed Authority, Allahabad and the order dated 17.1988 passed by the Additional Commissioner, Allahabad, Division Allahabad in a proceeding under The U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as 'the Act').

(3.) At the very outset, Shri Rajiv Mishra and Shri Abhijeet Mukherjee raised a dispute regarding nomination of the trustees of Shri Shiv Kali Devi Trust as per the trust deed. Rival claims were pleaded to raise a dispute that after death of Tej Narain Misra who would succeed as trustee. Looking to the nature of controversy at hand, this Court does not propose to go into the dispute of trustee as the said question is alien to the present proceeding.