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2008 Supreme(All) 691

AMITAVA LALA, SHISHIR KUMAR
RAJENDRA SINGH. – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Pradeep Chandra for the Appellant; B.B. Paul, A.P. Paul for the Writ Petitioners; Zafar Naiyer, Addl. Advocate General, Y.S. Bohra, Addl. Chief Standing Counsel for the Respondents.

JUDGMENT

Honble Amitava Lala, J.—The second appeal has been placed before us by an administrative order dated 24th September, 1993 by the then Chief Justice of the High Court due to conflicting decisions between two learned single Judge having been connected with several writ petitions previously arising out of common question. All matters are decided by this common judgment making binding effect upon all such cases. The Second Appeal No. 496 of 1988, Civil Misc. Writ Petition No. 7343 of 1989 and Civil Misc. Writ Petition No. 7343 of 1996 have been dealt with as leading cases.

2. Although several substantial questions of law are raised by the appellant but in view of the arguments as put forward by the learned Counsel appearing for the appellant as well as the writ petitioners, the following questions are inevitable to be considered by this Court :

“Whether as per Section 122-B sub-sections (4-C), (4-D) and (4-E) of U.P.Z.A. & L.R. Act, 1950, civil suit is the appropriate remedy to resolve the dispute?

OR

Whether writ petition could lie against any order under such Section irrespective of availability of alternative and efficacious remedy of civil suit?”

Both the judgments of the learne



























































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