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2008 Supreme(All) 1921

H. L. GOKHALE, VEDPAL
NANDPURI SAHKARI GRIH NIRMAN SAMITI LTD – Appellant
Versus
STATE OF U P – Respondent


Advocates:
Deepak Seth, Mohd.Arif Khan, Syyed Hussain,

H. L. GOKHALE, C. J.

Heard Mr. Deepak Seth, learned Counsel for the peti tioner Mr. Syeed Hussain, learned Addi tional Advocate General appears for the State-respondents. Sri Mohd. Arif Khan, appears for intervenes

2. The petitioner claims to be a co operative housing society formed by some 50 members, who are employees of the in come tax department. The petitioner claims to have purchased a property known as Rasulpur House and land adjoining thereto bearing old House No. 1-C, Mahanagar, and new No. 545/1, Mahanagar at Lucknow, recorded at Khasra No. 261, in a public action made by the Tax Recovery Officer of the income tax department. It has purchased the property to put up its hous ing society over there. The sale is stated to have been confirmed by the auctioning authority and the sale certificate is issued on 28. 3. 1979 in favour of the society and the sale is duly registered with the Sub-Registrar, Lucknow on 22. 5. 1979.

3. The respondent No. 4-Deputy Director (Animal Husbandry) of State of U. P. is stated to be the tenant of this property, which is of the area of 5 bighas and 15 biswas. He is having an office and work shop over there and State wants to expand it. The first








































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