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2015 Supreme(All) 3454

ANJANI KUMAR MISHRA
Vishambhar Dham Higher Secondary School – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Shiv Babu Dubey
For the Respondent: C.S.C.,Manu Singh

JUDGMENT

Anjani Kumar Mishra, J.

Heard Sri Tripathi B.G. Bhai for the petitioner and Sri Manu Singh for the Gaon Sabha, respondent no. 3.

2. The petitioner has filed this writ petition challenging an order dated 25.03.2015 of the Commissioner, Aligarh, whereby he has set aside an order passed in favour of the petitioner in proceedings under Section 161 of the U.P. Zamindari Abolition & Land Reforms Act for exchange of certain plots of the petitioner with those of the Gaon Sabha recorded in the revenue records as banjar. This order for exchange was passed by the Sub Divisional Officer.

3. It has been submitted by counsel for the petitioner that on his application proceedings under Section 161 of the U.P.Z.A.&L.R. Act were initiated and the order for exchange was passed, validly and in accordance with law. The order was also in consonance that the resolution of the Gaon Sabha in this regard and it was passed after the Pradhan had given her consent in her oral testimony, recorded by the Sub Divisional Officer. The order therefore was a consent order. Prior to the order being passed, the opinion of the D.G.C. Revenue had also been obtained. The order for exchange have been passed in pub


















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