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1969 Supreme(All) 38

T.P.MUKERJEE, B.B.MISRA, B.D.GUPTA
Bijai Narain Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Sripat Narain Singh, for Petitioners; Standing Counsel, for Opposite Party.

Judgement

B. B. MISRA, J. :- This reference to a Full Bench arises out of a petition under Art. 226 of the Constitution seeking a writ of Mandamus commanding the U. P. Government to withdraw its Notification dated June 29, 1968, directing that Oath Commissioners appointed by District Judge under Section 139 of the Code of Civil Procedure were not authorised to verify affidavits relating to the proceedings before the various authorities constituted under the U. P. Consolidation of Holdings Act 5 of 1954, (hereinafter referred to as the Act).

2. The six petitioners, who are lawyers of Azamgarh, were appointed Oath Commissioners by the District Judge of that place by his order dated 19-7-1966 passed under the provisions of S. 139 of the Code of Civil Procedure. Originally, affidavits to be filed, inter alia, before the various authorities constituted under the Act, used to be verified by the petitioners, the propriety of which was also recognised by the U. P. Government under its G. O. No. 3147/VII-AI-45/65 dated March 11, 1968. Subsequently, by G. O. No. 1855/VII-AI-44/65 dated June 29, 1968. the U. P. Government partially modified the aforesaid G. O. dated March 11, 1968, and withdr






































































































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