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SMT. RAMPATI versus ADDL. COMMISSIONER

High Court of Judicature at Allahabad

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Smt. Rampati v. Addl. Commissioner-Iv, Allahabad Division, Allahabad & Ors. - WRIT - C No. 66677 of 2006 [2006] RD-AH 20948 (12 December 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Anjani Kumar, J.

By means of this writ petition the petitioner has challenged the order of cancellation of lease granted in her favour passed by Additional Collector. Aggrieved by the order of the Additional Collector the petitioner preferred revision which has been dismissed. Learned counsel for the petitioner has relied upon a Division Bench decision of this Court in the case of Shiv Autar vs. Nabi, 1995 ACJ 1313, in which it is held that Additional Collector is not included within the definition of Collector as contemplated in U.P. Zamindari Abolition and Land Reforms Act. Thus he cannot exercise power to cancel the leases.

In view of aforesaid law it is not necessary to invite for any counter affidavit. The writ petition, therefore, succeeds on the aforesaid point covered by the aforesaid Division Bench decision. The order dated 31.8.2006 (Annexure-5 to the writ petition) and the order dated 12.4.2006 (Annexure-3 to the writ petition) are quashed and the writ petition is allowed.

The matter is remanded to the trial court to decide afresh in view of the observations made by this Court in this judgment and in accordance with law.

Dt: 12.12.2006.

mhu - 66677/06

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