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2011 Supreme(All) 2392

A.P.SAHI
DEV SHARMA – Appellant
Versus
BOARD OF REVENUE – Respondent


Advocates:
A.N. Verma for the Petitioners; C.S.C., A.K. Sachan, A.K. Sharma, Mahendra Pratap, R.K. Pandey, S.K. Shukla, S.M.A. Abidi and V.K. Singh for the Respondents.

JUDGMENT

Hon’ble A.P. Sahi, J.—The two petitioners, Dev Sharma and Gaurav, have prayed for quashing of the order dated 10th March, 2003 passed by the Additional Collector (Finance & Revenue) Gautambudh Nagar, in case No. 33 of 2001, whereby the learned Additional Collector has come to the conclusion that the proceedings initiated under Sub-section 4 of Section 198 of the U.P. Z.A. & L.R. Act, 1950 are not barred by time, as in view of the submissions so raised, the action having been taken suo motu under the said Act are valid and that notices should be issued calling upon the petitioners and such other persons to examine as to whether the allotment of land in favour of the petitioners in 1954 was genuine and in accordance with law or not. Assailing the said order the petitioners approached the Board of Revenue by filing a revision which was also dismissed affirming the order of the Additional Collector. Hence, this petition.

2. The litigation has a chequered history and therefore a brief background would be necessary to understand the controversy.

3. The petitioners with several others claim that allotment was made in their favour by the Gaon Sabha and had the sanction of the compe












































































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