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Rahat v. State Of U.P. & Others - WRIT - C No. 17285 of 2006 [2006] RD-AH 6879 (29 March 2006)


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Hon'ble Janardan Sahai,J

An application under Section 198(4) of the U.P.Zamindari Abolition & Land Reforms Act was filed by the respondent no.3 for cancellation of the petitioner's patta. The petitioner raised an objection that before the present application an earlier application filed by the respondent no.3 was rejected by the order dated 6.3.02 of the Collector, Jyotibha Phuley Nager and the second application is not maintainable. The objection of the petitioner has been turned down by the Collector. A revision against the order filed by the petitioner has also been dismissed on 7/1/06 by the Commissioner Moradabad Division, Moradabad. The copy of the order dated 6.3.02 has been annexed as Annexure 3 to the writ petition. The reason given in the order is that a suit under Section 229B of the U.P.Zamindari Abolition & Land Reforms Act had been instituted.  Validity of the allotment itself and as to whether proper procedure in the allotment was followed was not considered in the earlier order.  Moreover the power under Section 198 of the Act can be exercised suo moto by the Collector. The order earlier passed therefore does not operate as res judicata. Counsel for the petitioner prayed that the Collector be directed to dispose of the case expeditiously. In the circumstances it is directed that the Collector, Jyotibha Phuley Nagar shall decide the case under Section 198(4) of the Act expeditiously. Subject to these observations, the writ petition is dismissed.

Dt: 29.3.06sm



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