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january 2008

Supreme Court of India · 2008-01-16

State Of U.P. & Ors. Etc vs Roshan Singh & Ors

Court
Supreme Court of India
Petitioner
State Of U.P. & Ors. Etc
Respondent
Roshan Singh & Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, Aftab Alam

Judgment text excerpt

The Supreme Court held that the Allahabad High Court erred in allowing the writ petitions challenging the orders under the U.P. Imposition of Ceiling on Land Holdings Act, 1954, as the respondent did not avail the statutory remedy of appeal under Section 12 of the Act. The Court emphasized that the proceedings under the Ceiling Act and the Consolidation Act operate in distinct domains, and the use of Section 151 of the CPC to challenge concluded issues was impermissible. Consequently, the Supreme Court set aside the High Court's judgment and restored the orders of the Prescribed Authority and Appellate Authority.

State Of U.P. & Ors. Etc vs Roshan Singh & Ors · Niyam