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2012 Supreme(All) 1239

RAN VIJAI SINGH
RAMBALI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Harindra Prasad and P.K.S. Paliwal for the Petitioners; C.S.C., Mahesh Narain Singh and Rajesh Kumar for the Respondents.

JUDGMENT

Hon’ble Ran Vijai Singh, J.—Heard Sri P.K.S. Paliwal alongwith Sri Harindra Prasad learned counsel for the petitioners and Sri Rajesh Kumar, learned Standing Counsel appearing for the State respondents.

2. Through this writ petition, the petitioners have prayed for issuing a writ of mandamus directing the Sub-Divisional Officer Sagri District Azamgarh to decide the application dated 25.11.2011 (Annexure 3 to the writ petition). The aforesaid application appears to have been filed under Section 161 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (herein after referred to as the Act) for exchange of Plot No. 311 area 0.020 hectare Khata No. 538 situated in village and post Bankatia, tehsil Sagri District Azamgarh which is recorded as manure pit with Plot No. 289 Khata No. 79.

3. Sri P.K.S. Paliwal, learned counsel for the petitioners contends that the Sub-Divisional Officer is statutorily bound to decide his application for exchange of the land with the Gaon Sabh in view of the provisions contained under Section 161 of the Act read with Rules 144 and 145 of the U.P. Zamindari Abolition and Land Reforms Rules, 1952 (herein after referred to as the Rules).

4. For appreci






































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