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2016 Supreme(All) 3651

ANJANI KUMAR MISHRA
Sanjay Gandhi Smriti Junior High School – Appellant
Versus
Addl. Commissioner (Judicial-1) – Respondent


Advocates Appeared:
For the Petitioner:- Hari Mohan Srivastava,Neeraj Srivastava
For the Respondent:- C.S.C.,Ashish Kumar Gupta,Manu Singh,Vishal Khandelwal

JUDGMENT

Anjani Kumar Mishra,J.

Heard Sri H.M. Srivastava, learned counsel for the petitioner, Sri Vishal Khandelwal, respondent no.5 and Sri Manu Singh for the Land Management Committee, respondent no.11 as also the learned Standing Counsel for the State-respondents.

2. The writ petition arises out of proceedings under Section 198(4) of the U.P. Zamindari Abolition and Reforms Act and seeks a writ of certiorari quashing the order dated 07.12.2012 passed by the Collector, Etah and the order dated 16.03.2016 passed by the Additional Commissioner(Judicial) whereby the order of the Collector has been affirmed.

3. Additionally a mandamus has been sought, directing the respondent no.2 to consider the prayer of the petitioner no.2 for changing the nature of plot no.204, recorded as a cremation ground.

4. The contention of the learned counsel for the petitioner is that an area of 0.4050 Hectare of plot no.204 was allotted to the petitioner a private, Junior High School in accordance with law in the year 1981; the School is running over the plot in question since the year 1989 and is a duly recognized School. The land in question is therefore being used for a public purpose. The proceedings






































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