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2006 Supreme(UK) 25

P.C.VERMA, RAJEEV GUPTA
DINESH KUMAR AGRAWAL – Appellant
Versus
STATE OF UTTARANCHAL – Respondent


Advocates:
For the Petitioner:Mr.L.P. Naithani, Sr. Advocate
For the Respondt. No. 4 :Mrs. Tehmina Punwani, Sr. Advocate
For the State : Mr. K.P. Upadhyaya, Standing Counsel

JUDGMENT

P.C. Verma, J. (Oral)

1. This writ petition has been filed by the petitioner praying for a writ in the nature of certiorari quashing the order dated 08.08.2003 contained in Annexure 30 to the writ petition and all proceedings thereon and a writ of mandamus commanding the respondent no. 2 not to entertain any right in respect of Khasra No. 383/01 and Khasra No. 286/1 area measuring .190 and .275 hectare respectively of village Bagral Tehsil Sadar, District Dehradun.

2. The case of the petitioner is that the above mentioned Khasra nos. 283/1 and 286/1 were initially entered in the name of Rahim Bax s/o Ali Bax in 1356 Fasli (1948) as hereditary tenants. U.P. Act No. 10 of 1949 known as the United Provinces Agricultural Tenants (Acquisition of Privileges) Act was enacted by the Legislature of U.P. which was extended to the whole of U.P. except the areas specified in the First Schedule of United Provinces Tenancy Act 1939 and the Pargana of Kaswar Raja in the District of Dehradun. The Area of Dehradun was not excluded for the application of the said Act. This Act was enacted for the purpose of acquisition of intermediaries rights in the area of U.P. for the purpose to r














































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