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Rahdey Mohan v. District Magistrate, Allahabad And Another - WRIT - C No. 16184 of 2006 [2006] RD-AH 6558 (24 March 2006)


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Civil Misc. W.P. No.  16184 of 2006

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

The petitioner has made an application to the District Magistrate on 14th July 2005. A copy of that application is enclosed as Annexure-1 to this writ petition. It appears that the original owner of the land has executed an agreement for sale in favour of the wife of the petitioner and a suit for specific performance has been decreed up to the stage of second appeal. For execution of the sale deed, the petitioner wants the name of the State to be deleted and the name of the original owner be recorded in the revenue records to facilitate the execution of the sale deed. This deletion of the name of the State and recording of the name of the original owner is sought on the ground that although the land was declared surplus but actual physical possession was not taken and, therefore, after repeal of the Urban Land (Ceiling And Regulation) Act, 1976, the original owner's name is liable to be put back in the revenue records in respect of the land in question.

In view of these averments of the petitioner, we direct the District Magistrate, Allahabad to examine the matter and after verifying the facts, pass such orders on the said application/representation of the petitioner, within two months of the date on which certified copy of this order is presented before the District Magistrate, Allahabad as may be appropriate in the light of the facts.

The writ petition is disposed of as above.

Dated : March 24, 2006



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