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1988 Supreme(SC) 572

G.L.OZA, K.JAGANNATHA SHETTY
U. P. Bhoodan Yagna Samiti, U. P. – Appellant
Versus
Braj Kishore – Respondent


Advocates:
B.B.Singh, R.C.MISHRA, R.K.JAIN, R.K.Khanna, R.P.SINGH PAL

Judgment

OZA, J. :- These appeals have been filed by the U.P. Bhoodan Yagna Samiti, Kanpur against the judgment of the High Court of Allahabad delivered in Misc. Writ Petition Nos. 149/76. 151/76 and 172/76. By the impugned order the High Court quashed the order passed by Additional Collector, Kanpur dated 1-1-1976 quashing the Pattas granted in favour of the respondent.

2. In the month of April and May, 1968 the petitioner before the High Court i.e. present respondent obtained grant under S. 14 of the U. P. Bhoodan Yagna Act in respect of various plots of land situated in Village Jahangirabad Paragana Ghatampur, District Kanpur from Bhoodan Yagna Samiti on 17-5-1972. Tehsildar Ghatampur submitted a report to Collector, Kanpur and on the basis thereof the Additional Collector, Kanpur issued notices to these respondents under Sections of the U.P. Bhoodan Yagna Act requiring them to show as to why the settlement obtained by them be not cancelled on following grounds :

"(i) As the petitioners did not reside in the village where the plots were situated they had obtained the grants fraudulently and by misrepresenting facts.

(ii) As the petitioners did not fall in the category of landless pe


































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