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1986 Supreme(Del) 349

MAHINDER NARAIN
KAMALA BAKSHI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
M.G.RAMA CHANDRA RAO, R.K.P.SHANKAR DAS, Y.K.SABHARVAL

Mahinaer Narain, J

( 1 ) BY an order dated 14/8/1984, Chadha, J. had dealt with this application. Aggrieved by the order of Chadha, J. , whereby he had granted stay of re-entry upon terms, a Letters Patent Appeal was filed, being L. P. A. No. 131 of 1984 by the petitioner, herein.

( 2 ) AT the hearing of the L. P. A. , on 2/5/1985, a Division Bench of this Court, consisting of Prakash Narain, CJ. and N. N. Goswamy,j. , passed the order as under :

"it is not disputed that some of circulars and notifications as such were not before the learned single Judge. Perhaps what was shown to the learned single Judge was a summary of the various circulars issued from time to time. regarding, the fixation of market rates from notifications; however appears to have been shown. In our view and in all faikrness to. the parties concerned the learned single Judge may reconsider the prayers in C. M. 1114 of 1984. The contention of the appellant is that on a combined reading of these circulars it will be observed that the rate for conversion as demanded by the respondent is not legal. The respondent s contention is that even if the other circulars which were not before the learned single Judge, are now




























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