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.