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1997 Supreme(All) 198

R.S.DHAVAN, V.P.GOEL
PYARE LAL – Appellant
Versus
DISTT MAGISTRATE – Respondent


Advocates Appeared:
V.K.Jaiswal,

Ravi S. Dhawan and V P. Goel, JJ.

The issue raised in this writ petition, in effect, seeks a writ of certiorari to quash an order of 6-8-1994 (Annexure 9 to the writ petition) by which the petitioner was indi cated by the Additional Chief Executive Of ficer, Zila Parishad, Sonbhadra, that as the State Government has not given approval for the lease of the plot No. 1 within Com pany Bagh, the grant cannot be made. The petitioner desires that this communication be quashed.

2. The Court has heard learned coun sel for the petitioner Mr. V. K. Jaiswal, learned Standing Counsel for the District Magistrate, the respondent No. 1 and learned counsel for the Zila Parishad, respondent No. 2.

3. The Court is not inclined to grant a prerogative writ to interfere by this writ petition in this matter for more than one reason.

4. Firstly, between the petitioner and the respondents it is on record that the lease which the petitioner seeks as a grant from the Government cannot be granted except by approval of the authority so named under U. P. Kshetra Samiti and Zila Parishad Ad-hiniyam, 1961. The fact that the approval of the Govt. has to be taken implies that the property either is Nazul Land or b














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