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1988 Supreme(All) 144

K.P.SINGH
Lallan – Appellant
Versus
State Of U. P. – Respondent


Advocates appeared:
Sheo Kumar Singh

JUDGMENT

K.P. SINGH, J.

1. BY means of this writ petition the petitioner has challenged the order passed by competent authority and contained in Annexure I attached with the writ petition. Aggrieved by the order of the competent authority the petitioner had preferred an appeal which was dismissed by the appellate court through the order dated 23-8-1985 contained in Annexure II. Aggrieved by both the judgments the petitioner has approached this court under Article 226 of the Constitution.

2. THE main grievance of the petitioner before me is that the competent authority has passed the order contained in Annexure I attached with the writ petition against the petitioner without complying with the provisions of section 8 (3) of the Urban Land (Ceiling and Regulation) Act, 1976, (hereinafter referred to as the Act). Therefore, the order passed by the competent authority is bad in law and it has been wrongly confirmed by the appellate court.

Relevant allegations have been made in paragraphs 8 and 10 of the writ petition. In counter affidavit vide paragraphs 7 and 8, the relevant allegations do not appear to have been controverted. Section 8 (3) of the Act reads as below:-

"(3) The draft st











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