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2022 Supreme(All) 556

RAJESH BINDAL, J. J. MUNIR
Committee of Management, Imambara Qadeem, Manauri, District Prayagraj through its Secretary – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. V.M. Zaidi, Senior Advocate assisted by Mr. S.M.A. Iqbal Hasan, Advocate
For the Respondent:Mr. Manish Goel, Additional Advocate Ms. Akansha Sharma, and Mr. Pranjal Mehrotra

ORDER :

1. The petitioners, who are the Committee of Management of the Imambara Qadeem, Manauri and its Secretary, have moved this Court to quash the notification dated 28.06.2012, issued by the Government of U.P., insofar as it resumes the petitioner's land, situate in Plot No. 146, admeasuring 1500 square meters, Village Manauri, District Prayagraj.

2. The aforesaid notification has been issued by the State Government in exercise of their powers under Section 117(6) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (for Writ-C No. 10374 of 2022 short, 'the Act') to the extent it adversely affects the petitioners. The said notification shall be referred to hereinafter as the 'impugned notification'.

3. The petitioners' case in brief is that the second petitioner is a native of Village Manauri, Tehsil Sadar, District Prayagraj. He and his forefathers have lived in the said village since a very long time. The second petitioner's father constructed a building known as Imambara Qadeem over an area 1500 square meters, situate on Plot No.146. The aforesaid Imambara is said to be more than 100 years old. The aforesaid property has now come down to the second petitioner fro

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