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1954 Supreme(All) 222

RAGHUBAR DAYAL, ROY
Nanak Chand – Appellant
Versus
State of U. P. – Respondent


Advocates:
B.L. Dikshit, for Appellants; Standing Counsel, for Respondents.

Judgement

RAGHUBAR DAYAL, J.:- One hundred and fifty persons filed a petition under Art.228 of the Constitution praying for the issue of a suitable direction or writ in the nature of mandamus commanding the opposite parties, namely the State of Uttar Pradesh, the Collector of District Rampur, the S.D.O. of Suar, district Rampur, and Tehsildar of Tehsil Suar, district Rampur, to withdraw the orders, dated the 2nd and 8th of February, 1954, and to refrain from dispossessing the petitioners, except through Court of law. The petition alleged how they came to occupy certain land in the district of Rampur with the consent and the authority of the State Government and their representative, the then Collector of Rampur. It is not necessary to enter into those allegations.

The order, dated 2-2-1954, was by the District Magistrate of Rampur to the Sub-Divisional Officer Suar, directing him to eject refugees living in certain villages from all the lands by 1-3-1954, as the said lands were to be allotted to the retired servants of the old Rampur State. In view of this order, the Sub-Divisional Officer, Suar, issued an order to the Tehsildar of Tahsil Suar on 8-2-1954, to eject those persons from








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