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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Arun Tandon, J
Shiv Chand Tyagi – Appellant
Versus
Roop Chand Tyagi – Respondent
| Table of Content |
|---|
| 1. nature of the suit involves joint holdings with land acquisition. (Para 2 , 3 , 5) |
| 2. jurisdiction remains despite land acquisition. (Para 8 , 10 , 11) |
| 3. rights to compensation retained by original owners. (Para 12 , 14 , 18) |
| 4. inherent powers cannot eclipse express statutory provisions. (Para 15 , 16) |
| 5. court's decision to allow writ petition based on proper jurisdiction. (Para 20 , 21) |
1. Heard Sri R.C. Singh along with Sri Satish Kumar Tyagi, for the petitioner and Sri Ashish Kumar Singh along with Sri Sumit Danga, for respondent - 5.
2. The writ petition has been filed against the orders of Assistant Collector dated 01.04.2016, allowing the application of respondent - 5, setting aside orders dated 28.11.2011, confirming the kurra and 05.12.2011, passing final decree in partition suit, excluding plots 512 (area 0.919 hectare) and 517 (area 0.698 hectare) from preliminary decree dated 20.09.2011/17.10.2011 and directing lekhpal to submit fresh kurra for final decree and Additional Commissioner dated 09.08.2016, dismissing the revision of the petitioner, in proceeding under U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to the Act).
3. R
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