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2009 Supreme(All) 2572

S.K.SINGH, ASHOK SRIVASTAVA
O. P. GUPTA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
H.R. Mishra, K.M. Mishra and Abhishek Misra for the Petitioners; Shandilya Addl. C.S.C and Suresh Singh for the Respondents.

JUDGMENT

By the Court.—Heard Sri H.R. Mishra assisted by Sri K.M. Mishra in support of the petitioner and Sri Shandilya learned Addl. Chief Standing Counsel who appeared for the State authority.

2. Challenge in this writ petition is the order passed by the District Collector, Allahabad dated 26.4.2008 by which the application filed by the petitioners for getting the land in question freehold has been rejected.

3. At the very outset it is to be mentioned that although there were several applicants but the Court is informed that the petitioners alone have challenged the impugned order and this has been stated in paragraph 13 of the counter affidavit also.

4. For disposal of writ petition facts in brief will suffice.

5. Petitioners and other applicants applied for getting the land known as Nazul Land No. 129 Civil Station freehold. One Satyawati Devi was original lessee of the land and it is on her death by means of subsequent development as will be noticed shortly, the application for getting the land freehold was moved which has been rejected which is subject matter of challenge.

6. Submission of learned counsel for the petitioners is that Satyawati Devi, who died on 3.8.1986, being










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