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A. P. SAHI, F. I. REBELLO
DEV NATH YADAV – Appellant
Versus
STATE OF U. P. – Respondent
By the Court.—We have heard learned counsel for the parties.
2. It is the case of the writ petitioners that the land identified, being plot Nos. 513, 515 and 520 were earmarked for pasture, pond, land submerged under water, pathway and school. This land is sought to be resumed by the State Government under Section 117 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as ‘the Act’) to construct residential colony under Kanshi Ram Shahari Awas Yojna for the residents of Mubarakpur.
3. The submission of the writ petitioners is that once the land is earmarked for the purpose as above, it is not open to the State Government to resume the land. It is further submitted that the land vested in Gaon Sabha is meant for the benefit of the villagers and not for the persons, who reside in the town.
4. Section 117 (1) of the Act reads as follows :
“117. Vesting of certain lands, etc. In Gaon Sabhas and other Local Authorities.— (1) At any time after the publication of the notification referred to in Section 4, the State Government may [by general or special order to be published in the manner prescribed], declare that as from a date to be specified in t
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