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2012 Supreme(All) 1076

SUDHIR AGARWAL
RAJENDRA PAL SINGH – Appellant
Versus
COMMISSIONER, AGRA DIVISION – Respondent


Advocates:
Counsel :
Anshu Chaudhary, Anupam Kulshrestha, G.N. Verma, Prakash Chandra, Rakesh Chandra and Samar Singh for the Petitioner; A. Rathore, D.R. Sharma, S.A. Khan and S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Mr Anshu Chodhary for the petitioner, learned Standing Counsel, representing respondent Nos. 1 and 2, and Mr Diwakar Rai Sharma, representing respondent No. 4. None appeared for respondent No. 3, though the case has been taken up in the revised list.

2. Writ petition is directed against the order impugned dated 5.11.1986 (Annexure - B) passed by respondent No. 2, SDM/Tehsildar, Sikandara Rau, Aligarh, and the order dated 5.11.1986 passed by respondent No. 1, the Commissioner, Agra Division, Agra.

3. The respondent No. 2 has auctioned the attached property of the petitioner, at plot Nos. 38006 and 380-kha and 450, total area 25- 12-15. on 13.3.1986, which has been confirmed by respondent No. 2 on 9.6.1986. The petitioner filed an appeal/application before the Commissioner for setting aside the auction which has been rejected by the impugned order dated 5.11.1986 passed by respondent No. 1.

4. Learned counsel for the petitioner has challenged the impugned auction on the ground that the same was in violation of Rule 285-A, 285-D, 285-E and 285-J of the U.P. Zamindari Abolition and Land Reforms Rules, read with section 284 of the U.P. Zamindari































































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