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2015 Supreme(All) 2561

ANJANI KUMAR MISHRA
Vijay – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : P.K. Sinha and B.R. Maurya
For the Respondents: C.S.C. and Mahesh Narain Singh

JUDGMENT

Anjani Kumar Mishra, J.

1. Heard Sri P.K. Sinha learned Counsel for the petitioners and learned Standing Counsel for the State respondents. This writ petition has been filed seeking amongst other the following relief

"(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite party No. 2/District Magistrate to decide the stay application of maintaining status quo till the proceeding under section 198(4) is adjudicated"

2. It has been contended by learned Counsel for the petitioner that certain land belonging to the Gaon Sabha was settled in favour of respondent Nos. 4 to 14. This allotment was made surreptitiously and without following the procedure prescribed. In the process the land was allotted to the persons who were not eligible for such allotment. Even the approval of the resolution was granted surreptitiously.

3. Proceedings were therefore initiated for cancellation of the lease under section 198(4) of the U.P. Zamindari Abolition & Land Reforms Act. The allottees sold the land allotted to them to builders who started raising constructions thereon. In these proceedings despite orders being passed the record pertaining to the allotment in favou
















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