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Supreme Court of India · body

1987 DIGILAW 1052 (SC)

Tejpal Singh v. State of U. P.

1987-12-01

M.H.KANIA, MURARI MOHAN DUTT

body1987
ORDER : 1. Special Leave granted. 2. Heard learned counsel for both the parties. 3. It appears that in Civil Misc. Writ No. 809/76 in which the brother of the appellant was the petitioner, the High Court had remanded the case to the prescribed authority under 'the Uttar Pradesh Imposition of Ceiling on Land Holdings Act for re-consideration as to whether plot Nos.998 to 1000 in village Dalpatupr are the irrigated or unirrigated plots. In the other case, that is, the case of the appellant being Civil Misc. Writ Petition No. 811/76, the High Court has not considered as to whether the said plots are irrigated or unirrigated plots. 4. In the circumstances, we set aside the impugned orders of the High Court in Civil Misc. Writ Petition No. 811 of 1976 and the authorities below and remand the matter to the prescribed authority with a direction to consider whether plot Nos.998 to 1000 are irrigated or unirrigated plots. The prescribed authority will also consider whether some of the plots belonging to the appellant are submerged or not. The prescribed authority will dispose of the objections on the basis of the findings that may be made by it in respect of the said plots. 5. The appeal is disposed of accordingly. There will be no order as to costs. Appeal allowed.