ARVIND KUMAR versus STATE OF U.P. & ORS.

ARVIND KUMAR versus STATE OF U.P. & ORS.

Appeal filed in 1975 stood abated on 10.10.1975 as per Section 31(2) of the 1976 Amendment Act, since no re-determination of surplus land was undertaken by the prescribed authority as required, and the order passed by the appellate authority was without jurisdiction.

Parties
Appellant: Arvind Kumar; Respondents: State of U.P. & Others
Jurisdiction
India
Judgment Date
08 August 2016
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Ceiling on Land Holdings, Abatement of Proceedings, Redetermination of Surplus Land
Land Law Ceiling on Land Holdings Abatement of Proceedings Redetermination of Surplus Land

Case Brief

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Parties

Arvind Kumar

Appellant

State of U.P. & Others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether ceiling proceedings in respect of the land in question have lapsed due to Section 31 of the U.P. Imposition of Ceiling on Land Holdings (Amendment) Act, 1976

Ratio Decidendi

Appeal filed in 1975 stood abated on 10.10.1975 as per Section 31(2) of the 1976 Amendment Act, since no re-determination of surplus land was undertaken by the prescribed authority as required, and the order passed by the appellate authority was without jurisdiction.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of the High Court is set aside.
  • No order as to costs.