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2023 Supreme(All) 1971

SYED QAMAR HASAN RIZVI
Akeedan – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Anil Kumar Aditya, Diwakar Prasad Tiwari, Ramesh Chandra Tiwari.
For the Respondent: Jayant Prakash Singh.

JUDGMENT :

SYED QAMAR HASAN RIZVI, J.

1. Heard Sri Ramesh Chandra Tiwari and Sri Diwakar Prasad Tiwari, learned counsels for the petitioner and Sri Anshul Nigam, learned Standing Counsel for the State-respondent Nos. 1, 2 & 3. Sri H.N. Singh, leaned Senior Advocate assisted by Sri Jayant Prakash Singh, learned counsel for the respondent Nos. 4 to 8.

2. The present writ petition has been filed seeking a writ in the nature of certiorari to quash the impugned orders dated 15.3.2023 and dated 6.2.2023, passed by the Commissioner, Moradabad Division, Moradabad (respondent No. 2) and the Sub Divisional Magistrate, Sambhal (respondent No. 3), respectively.

3. The factual matrix of the case in brief is that admittedly the properties bearing Khata No. 77, plot No. 34/0.059 hectare, Khata No. 233 plot No. 173/0.146, Khata No. 235 plot No. 177/0.425 and Khata No. 236 plot No. 175A/0.032 and plot No. 176/0.016, total 0.048 from two plots and plot No. 175B/0.028, 176B/0.012 hectare total 0.040 from two plots situated at Mohalla Chaudhary Sarai, District Sambhal and Khata No. 81 plot No. 208/5/1.967 situated in Village Sher Khan Sarai and Khata No. 43 plot No. 34/0.623 situated at Bhawani Das Sarai,

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