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2024 Supreme(All) 694

ASHUTOSH SRIVASTAVA
Shakeel Ahmad – Appellant
Versus
State Of Up – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Chandra Pal Singh,Pankaj Kumar Gupta
For the Respondent: Arun Kumar Pandey, C.S.C.

JUDGMENT :

Ashutosh Srivastava, J.

1. Heard Sri Pankaj Kumar Gupta, learned counsel for the petitioner, Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State Respondents and Sri Arun Kumar Pandey, learned counsel for the Respondent No. 3.

2. The instant writ petition has been filed questioning the orders dated 16.01.2009 passed by the Respondent No. 2, Sub Divisional Magistrate, Dhampur, Bijnor under Section 176 (A) of the U.P.Z.A. & L.R. Act, 1950 whereby and whereunder the name of the petitioner and his brothers Khalid Ahmad, Naeem Ahmad and mother Akhtari wife of Tasleem Ahmad as Aasami Patta holder (Category-3) over Plot No. 315 area 1.061 hectares lagan 109 contained in Khata No. 244 (1412 to 1417 Fasli) has been struck off and land has been restored as Gram Sabha land category 6 as also the order dated 31.05.2022 whereby and whereunder the land contained in the above mentioned Plot No. 15 has been allotted in favour of the Respondent Nos. 4, 5 & 6 and the allotment has also been approved.

3. It is the case of the petitioner that the Plot No. 576 area 3.13 hectare and Plot No. 624 area 1.52 hectare were leased out in favour of Tasleem Ahmad the father of the

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