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ASHOK BHAN
State Of U. P. – Appellant
Versus
Satya Narain Kapoor (Dead) By Lrs. Etc. Etc. – Respondent
JUDGMENT
R.C. Lahoti, CJI.-Leave granted in SLP (C) No. 13096/1999.
2. In one of the prime commercial areas of the city of Allahabad, known as Chowk Sabzi Mandi, there are situated two shops described as Nazul Shops Nos. 195 and 196 the area whereof is 63 sq.ft. each.
3. We are not concerned with the earlier controversy relating to the allotment and several claimants to the shops. The fact remains that on 30.10.1991, the District Magistrate directed the Nagar Mahapalika to have the shops vacated so as to be available for fresh allotment through public auction inasmuch as the shops were continuing in illegal occupation- shop No. 195 in the occupation of Mohammad Ali and shop No. 196 in the occupation of Anoop Kumar son of Satya Narain Kapoor.
4. Three writ petitions came to be filed in the High Court of Allahabad. Writ Petition No. 32605 of 1991 was filed by Satya Narain Kapoor alleging that he was the one inducted into possession of shop No.196 in the year 1973 by the allottee of the shop Late Wahidan Bibi who died on 27.12.1984 without leaving any heir upon whom her rights could devolve.
5. According to Satya Narain Kapoor he was the person entitled to the allotment of the shop. On 12.
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