WPMS/260/2007
2021 Latest Caselaw 500 UK

WPMS No. 260 of 2007
With
WPMS No. 259 of 2007
Hon'ble Sharad Kumar Sharma, J.

Mr. R.C. Arya, Standing Counsel, for the State/petitioner.

Mr. Devendra Pant, Advocate, holding brief of Mr. Vijay Bhatt, Advocate for the respondent(s).

This is a State's writ petition, which had been preferred, as against the impugned judgment, which had been passed by the Ceiling Authorities, as a consequence of initiation of the proceedings of ceiling on issuance of notice under Section 10(2) of U.P. Imposition of Ceiling on Land Holdings Act, 1960.

Ever since the institution of this writ petition on 04.04.2007, till date, the sole private respondent had not filed the counter affidavit. Though he had later met with the sad demise during the pendency of the writ petition; the heirs on being substituted and the notice was issued to them by this Court. There is an office report dated 19.03.2020, that the proposed heirs have refused to accept the notice.

In such peculiar circumstances, where no counter affidavit has been filed since 2007, and the heirs of the sole private deceased respondent have refused to accept the notice, this writ petition is directed to be proceeded ex parte as against the substituted heirs of deceased respondent No. 1, and their opportunity to file counter affidavit would stand closed.

Put up these writ petitions in the next week.

(Sharad Kumar Sharma, J.) 25.02.2021 Mahinder/