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2011 Supreme(All) 3343

SUNIL HALI
JIYA RAM – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
S.N. Pandey and Havaldar Verma for the Petitioners; C.S.C., Anuj Kumar and Anurag Pathak for the Respondents.

JUDGMENT

Hon’ble Sunil Hali, J.—Petitioners are beneficiary of allotment made in their favour by the competent authority in the year 1976 in terms of the Section 195 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act 1950 (in short the UPZA & LR Act). They were admitted as Bhumidhar with Non Transferable Rights over the land which was vested in the Gaon Sabha. The allotment of the land was made in their favour in terms of the Section 198(1) of the UPZA & LR Act in order of preference. It is contended that the said allotment was made with prior approval of the competent authority. Aggrieved by this order, respondent No. 4 alongwith his brother filed a suit under Section 229-B of the UPZA & LR Act claiming that the land is their sirdari land and they are in continuous possession prior to coming into force of the UPZA & LR Act. It was further contended in the suit that the land in dispute is patti (part and parcel) of Mahal Samlal and the father of the respondents Dharam Singh as such it was not the property of the Gaon Sabha. The said suit was dismissed by the Assistant Collector/SDO, Kalpi vide order dated 29.10.1976. An appeal was preferred against this order which also s












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