High Court of Judicature at Allahabad
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Sher Singh & Others v. State Of U.P. & Others - WRIT - C No. 5504 of 2006  RD-AH 2269 (30 January 2006)
Hon'ble Janardan Sahai, J.
Sri Prabhat Kumar Srivastava, learned counsel for the petitioners states that the allotment of agricultural land as bhumidhari with non-transferable right was made in favour of the petitioners, which was cancelled by the Up Zila Adhikari by order dated 4.12.2004 against which the petitioners had filed a revision before the Commissioner and the Commissioner by his order- dated 10.3.2005 has sent the papers of the revision back to the Collector Bulandshahr on the ground that the revision is cognizable by the Collector and not by the Commissioner. The only prayer made by the petitioners' counsel is that the petitioners be not dispossessed from the disputed land during the pendency of the revision.
Learned counsel for the petitioners also states that a stay application has already been filed by the petitioners in the revision but the said stay application is pending and has not been disposed of. As the petitioners have already filed a stay application in the revision they are availing an alternative remedy. In the circumstances no ground for interference in the writ petition has been made out.
On the facts and circumstances stated above it is directed that the stay application filed by the petitioners may be disposed of expeditiously by the Collector Bulandshahr and if possible within three weeks from the date a certified copy of this order is filed by the petitioners. It is made clear that no opinion upon the merits of the case is being expressed by this Court and the Collector shall pass appropriate order in accordance with law.
With the above direction the writ petition is disposed of.
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