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2005 Supreme(All) 489

A.K.YOG, B.B.AGARWAL
Chabi Nath, Sarju Prasad – Appellant
Versus
State of U. P. – Respondent


Advocates:
Mansoor Ahmad, R.K.Chaube,

A. K. YOG, B. B. AGARWAL, JJ.

( 1 ) HEARD Sri Mansoor Ahmad learned counsel for the petitioner and Sri R. K. Chaubey learned standing Counsel appearing for all the respondents.

( 2 ) CHABI Nath son of Sraju Prasad has filed this petition under Article 226 of the Constitution of india claiming a writ of mandamus commanding the respondents not to interfere with their physical possession over plots No. 68 and 68 (part) situate in village Mawaiya Tahsil Karchhana district Allahabad measuring 7184. 77 sq. meters declared surplus under order dated January 27, 1981 passed by the then Competent authority under Urban Land (Ceiling and Regulation ) Act, 1976 "called the Act" filed as annexure "2" to the petition, as also a writ of mandamus commanding respondent No. 3/competent Authority under the Act to delete the name of State government from the revenue records and substitute the name of the petitioner in respect of the land in question which was declared surplus.

( 3 ) THE case of the Petitioner is that his land was declared surplus by he Competent Authority under the Act. The petitioner claims that he is Bhumidhar of the agricultural land in question and is using it for agricultural purpo























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