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2003 Supreme(All) 2903

ASHOK BHUSHAN
Gyanendra Singh – Appellant
Versus
Additional Commissioner, Agra Division – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.A. Shah
For the Respondent: V.K. Singh, S.C. and C.S.C.

JUDGMENT :

ASHOK BHUSHAN, J.

1. Heard Sri S. Alim Shah learned Counsel appearing for the Petitioners.

2. By this writ petition, the Petitioners have prayed for quashing the order dated 15th March, 2003 passed by Additional Commissioner, Agra Division, Agra and the order dated 23rd March, 1998 passed by Additional Collector, Etah.

3. The Additional Collector, Etah vide his order dated 23rd March, 1998 cancelled the lease granted to the Petitioners exercising jurisdiction u/s 198 (4) of U.P. Zamindari Abolition and Land Reforms Act. A revision was filed by the Petitioners, which has been rejected by the Additional Commissioner. The Petitioners were granted lease of plots No. 108, 113 and 115 after approval of the Sub-Divisional Officer dated 25th March, 1992. The Petitioners claim that Petitioners became bhumidhar with non-transferable right of the aforesaid plots by virtue of the aforesaid lease. Respondent No. 5 filed an application u/s 198 (4) of the U.P. Zamindari Abolition and Land Reforms Act praying for cancellation of the lease granted to the Petitioners. The grounds taken in the application was that aforesaid plots are recorded as "Jangal Dhaka" which is land of public utility a























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