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2004 Supreme(All) 387

ASHOK BHUSHAN
Rajeshwar Upadhyay, son of Sri Ramdhari Upadhyay – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
BISHRAM TIWARI, G.SINGH, M.G.SHARMA, S.K.MISHRA,

ASHOK BHUSHAN, J.

( 1 ) HEARD counsel for the petitioner, Sri Bishram Tewari, Advocate appearing for respondents No. 6 and learned standing counsel.

( 2 ) BY this writ petition, the petitioner has prayed for quashing the order dated 15th November, 1996 passed by respondent No. 3 land the order dated 24th September 2003 passed by respondent No. 2.

( 3 ) A lease of housing site was allotted to the petitioner in Plot No. 250 area. 02 decimal. An application under Section 122-C (6) of U. P. Zamindari Abolition and Land Reforms Act was filed by Gaon Sabha praying for cancellation of the lease. Notice was issued to which petitioner filed his reply. The Collector vide his order dated 15th November, 1996 held that petitioner is not eligible person entitled for lease. Finding was recorded that petitioner is running a shop and is not agricultural labourer. Against the order dated 15th November, 1996, petitioner filed a revision in the revisional Court. The revision was dismissed on merits on 27th October, 1999. Against the order dated 27th October, 1999, the petitioner filed a review application which was allowed on 1st December, 1999. Copy of the order dated1th December, 1999 has been filed
















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