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2014 Supreme(All) 2766

RAM SURAT RAM (MAURYA)
Jiyachhi – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner:- R.P.S. Chauhan, Advocate.
For the Respondent:- C.S.C.,R.C. Upadhyay, Advocate.

JUDGMENT

Ram Surat Ram (Maurya),J.

Heard Sri R.P.S. Chauhan, for the petitioner and Sri R.C. Upadhyay Standing Counsel for Gram Panchayat.

2. This writ petition has been filed for quashing the order dated 22.3.2014 to the extent of remand, passed by the Additional Commissioner, by which the order dated 17.2.2012 was set aside, revision of the petitioner was allowed and the case was remanded to the court below for deciding the case afresh in the light of the observations made in the order.

3. In the proceeding initiated on the complaint of Chandu Das, respondent-5, for cancellation of patta of the petitioner dated 02.01.1987 under Section 198(4) of U.P. Zamindari Abolition & Land Reforms Act, 1950, hereinafter referred to as "the Act", on the allegation that the petitioner was not eligible for granting patta and otherwise also the land was not vacant at the time of allotment, a report was called for from Revenue Inspector who submitted his report on 13.8.2007, which was forwarded to the Additional Collector on 22.8.2007. Both the parties adduced their evidence and on scrutinising the evidence the Additional Collector found that the land in dispute was not vacant at the time of allotme





























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