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2012 Supreme(All) 983

A.P.SAHI
DHANAUTI – Appellant
Versus
ADDITIONAL COMMISSIONER, EXECUTIVE II, VARANASI DIVISION, VARANASI – Respondent


Advocates:
Counsel :
Triveni Shanker for the Petitioners; Ajeet Srivastava, V.K. Singh, Sudhakar Pandey and S.C. for the Respondents.

JUDGMENT

Hon’ble A.P. Sahi, J.—Heard Sri Triveni Shanker, learned counsel for the petitioners, Sri Ajeet Srivastava, learned counsel for the respondent Nos. 3 and 4 and learned Standing Counsel for the respondent Nos. 1, 2 and 5.

2. Notices were issued to other respondents. Some of them have already filed writ petition No. 17310 of 1998 (Loknath and others v. Board of Revenue and others). The petitioners herein claim that they were allotted land by the Gaon Sabha in the meeting held on 10.7.1994. The same came to be approved by the Sub-Divisional Officer, Saidpur on 9.12.1994. The dispute arose on account of an application having been moved by Chandra Deo the then Gram Pradhan in the year 1996 and a copy of the said application on which proceedings were initiated, is filed as Annexure 2 to the writ petition.

3. Sri Triveni Shanker, learned counsel for the petitioner submits that the first question that arises for consideration is that such a proceeding could not have been initiated or concluded without putting the petitioners to notice in terms of sub-section (5) of Section 198 of the U.P. Z.A. & L.R. Act, 1950. He further contends that the findings which have been recorded on the b













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