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2004 Supreme(All) 1081

R.B.MISRA
Ajay Sharma, Durg Vijay Singh – Appellant
Versus
Collector – Respondent


Advocates Appeared:
AMIT KUMAR SRIVASTAVA, Anil Bhushan, V.K.SINGH, Vikram Nath,

R. B. MISRA, J.

( 1 ) WITH the consent of learned counsels for the parties this writ petition is decided finally at this stage in view of the Second Proviso to Rule 2 of Chapter XXII of the Allahabad High Court rules, 1952.

( 2 ) IN the present writ petition, prayer has been made for issuance of writ of certiorari for quashing the order dated 27th November, 1998 (Annexure-5 to the writ petition) passed by the collector, Varanasi and order dated 17th December, 1998 (Annexure-6 to the writ petition)passed by the Sub Divisional Officer (Uttari), Varanasi.

( 3 ) ACCORDING to the petitioner, he had filed Suit No. 250 in the year 1981 under Section 229 (B)read with Section 176 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter in short called as the z. A. and L. R. Act) against the respondent nos. 3 to 9 with regard to the agricultural plots situated in village Kaniyar, District Varanasi, the suit was decreed on 23. 08. 1989 by the Additional Sub Divisional Officer in favour of the petitioner, but the respondent nos. 7, 8 and 9 filed an application under Order 9 Rule 13 of Code of Civil Procedure for setting aside such exparte decree dated 23. 8. 1989 with p




























































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