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2025 DAILYLAW 116103 (ALL)

RAM NIWAS SINGH v. STATE OF U.P. THRU SECY. REVENUE and 2 ORS.

WRIC/3000034/2006 · 2025-09-09

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 3000034 of 2006 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsels for the parties and perused the material available on record. 2. The present petition has been filed by the petitioner challenging a show cause notice issued to the petitioner under Section 10(2) of the Rural Ceiling Act contained in Annexure No.1 to the writ petition. The petitioner also challenges an order dated 01.03.2006 (Annexure No.8), whereby, the prescribed authority had fixed the matter for hearing on the validity of the notice under Section 10(2) of the said Act as well as, the appellate order dated 17.04.2006, whereby, the appeal preferred against the order dated 01.03.2006 was dismissed. 3. The contention of counsel for the petitioner is that initially, the proceedings were initiated, which resulted in an appellate order being passed on 23.05.1975, whereby the proceedings were remanded to the prescribed authority and despite, the pending of proceedings in pursuance to demand, second notice was issued under Section 10(2) of the said Act, which was improper exercise of power. The order dated 01.03.2006 (Annexure No.8), ex facie records that the parties are to be heard on the validity of the notice served under Section 10(2) of the Rural Ceiling Act, thus, it is evident that the issue with regard to the validity of the notice send under Section 10(2) of the Rural Ceiling Act vide Annexure No.1, is yet to be adjudicated. 4. In view thereof, I do not find any reason to interfere in the impugned Versus Counsel for Petitioner(s) : Satish Chand Kasis, Satish C. Kashish, V.L. Verma Counsel for Respondent(s) : C S C Ram Niwas Singh .....Petitioner(s) State Of U.P. Thru Secy. Revenue And 2 Ors. .....Respondent(s) orders. Petition is, dismissed, accordingly. 5. The prescribed authority shall pass orders in terms of the observations made in the order dated 01.03.2006, in accordance with law. September 9, 2025 Praveen WRIC No. 3000034 of 2006 2 (Pankaj Bhatia,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench