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january 2008

Supreme Court of India · 2008-01-16

STATE OF U.P. vs ROSHAN SINGH (DEAD) BY LRS. .

Citation / case number
SC 2004/26445
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
ROSHAN SINGH (DEAD) BY LRS. .
Author
ARIJIT PASAYAT
Bench
AFTAB ALAM DR. ARIJIT PASAYAT

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 are distinct, and the use of Section 151 of the CPC to challenge concluded matters was inappropriate. The Court set aside the High Court's judgment and restored the orders of the Prescribed Authority and the Appellate Authority.

STATE OF U.P. vs ROSHAN SINGH (DEAD) BY LRS. . · Niyam