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2011 Supreme(All) 1817

S.U.KHAN
KISHNU – Appellant
Versus
SHEESH PAL – Respondent


Advocates:
Counsel :
K.R. Sirohi and B.P. Singh Kushwaha for the Petitioners; C.S.C., C.D. Mishra and V.K. Singh for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—

First writ petition

Gaon sabha passed a resolution on 26.6.1983 proposing to allot different parts of gaon sabha plot in favour of petitioners who are 10 in numbers (separate portion to each petitioner). S.D.O. approved the allotment on 30.7.1983. Application for cancellation of pattas was filed on 21.6.1989 by respondents 1 and 2 Sheesh Pal and Kanwar Pal. The matter was registered as case No. 19 of 1988-89 on the file of Additional Collector (F & R) Ghaziabad under Section 198(4) of U.P.Z.A.L.R. Act. In the case an order was passed on 3.7.1990 directing that the case would be treated to be suo moto proceeding.

2. The land had been allotted by the Pradan in favour of his near relations i.e. father, son nephew grand son and real sister and brother in law. This fact was reported by the Tehsildar in his report dated 11.9.1989 according to which father of the Pradhan who was opposite party No. 3 in the case was also already having 4 bigha, 6 biswa land. Opposite party No. 4 was husband of first cousin of the Pradhan, opposite party No. 4 was Dhaivata(son in law) of the Pradhan, opposite party No. 7 was real sister, opposite party No. 8 was minor son of t



















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