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2012 Supreme(All) 2517

SABHAJEET YADAV
SHANTI DEVI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
S.K. Dwivedi for the Petitioner; C.S.C., S.K. Mishra and V.K. Singh for the Respondents.

JUDGMENT

Hon’ble Sabhajeet Yadav, J.—Heard learned counsel for the petitioner, learned counsel for the contesting respondent and the learned Standing Counsel at great length.

2. By means of instant writ petition, the petitioner has challenged the orders dated 6.8.1996, 5.11.1996 passed by the Collector, Deoria, and the order dated 17.5.2004 passed by the Additional Commissioner Gorakhpur Division Gorakhpur. Further, a writ of mandamus has also been sought for, to affirm the allotment order dated 27.3.1993 passed by the Assistant Collector Salempur district Deoria.

3. Brief facts of the case are that the vide order dated 6.8.1996 passed by the Collector, Deoria, in the case of Indrasan Tiwari v. Smt. Shanti Devi-village Naunapar Tappa Bhatani Pargana and Tahsil Salempur district Deoria, under Section 122- C(6) of the U.P. Zamindari and Land Reforms Act (in short referred to as the Act), the lease dated 27.3.1993 in respect of allotment of plot No. 816 area 2 dismal of Abadi land, to the petitioner has been cancelled on the ground that firstly the allottee is not eligible person secondly her husband is a Government Servant and thirdly the proposal has also not been made by the village


















































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