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2008 Supreme(All) 563

ASHOK BHUSHAN
MAN SINGH – Appellant
Versus
COMMISSIONER, BAREILLY – Respondent


Advocates:
Counsel :
Arun Kumar Verma for the Petitioner; V.K. Singh, S.C. for the Respondents.

JUDGMENT

Hon’ble Ashok Bhushan, J.—Heard learned Counsel for the petitioner and learned Standing Counsel.

2. By this writ petition the petitioner has prayed for quashing the order dated 3.12.2007, passed by the Commissioner as well as order dated 30.5.2002, passed by the Sub Divisional Officer, Bareilly.

3. Brief facts necessary for deciding the present writ petition are; that the respondent No. 5, Bhola was granted agricultural lease of plot No. 1398/2 area 0.341 hectares. The respondent No. 5 executed a sale deed in favour of the petitioner of the land in dispute. A report was submitted by the Naib Tahsildar dated 14.12.2001 to the effect that the transfer was hit by Section 157-AA of the U.P. Zamindari Abolition and Land Reforms Act, 1950 as the transfer of land was made without obtaining previous permission of the Assistant Collector. The Sub Divisional Officer initiated proceedings under Section 157 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 and while passing the order dated 30.5.2002 recorded a finding that neither ten years had expired from the date of being Bhumidhar with transferable rights nor permission for transfer provided under Section 157-AA was obtained






















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