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2023 Supreme(All) 877

SAURABH LAVANIA
Nankau – Appellant
Versus
State Of U. P. Thru Secy. Revenue – Respondent


Advocates Appeared:
For the Petitioners: Dr. L.P. Mishra, Rajieu Kumar Tripathi.
For the Respondents: Jai Kumar, Pankaj Gupta, Y.K. Mishra.

JUDGMENT :

(Saurabh Lavania, J.)

1. Heard Dr. L.P.Mihsra, learned Senior Member of Bar assisted by Sri Rajieu Kumar Tripathi, learned counsel for the petitioners and Sri Hemant Kumar Pandey, learned counsel for the State of U.P. as also Sri Pankaj Gupta, learned counsel for the respondent No. 7/Land Management Committee concerned.

2. Initially, by means of the present petition, petitioners have assailed the order dated 22.12.2009 passed by the respondent No.4-Tehsildar, Mahsi, District-Bahraich, whereby Tehsildar, Mahsi, directed the Revenue Inspector of the vicinity to take possession of the land (gatas in issue mentioned in the order) and place the proposal of allotment of land to eligible persons, and consequential relief was also sought. Thereafter, the petition was amended. It was for the purposes of assailing the orders dated 14.12.2009 and 24.02.2010 passed by the respondent No. 9-Commissioner, Devi Patan Mandal, Gonda and respondent No.10-Sub Divisional Magistrate, Bahraich, respectively.

3. By the impugned order dated 14.12.2009, respondent No.10-Sub Divisional Magistrate,

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