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Virendra Kumar @ Virendra Prasad & Others v. State Of U.P. & Others - WRIT - C No. 19110 of 2006  RD-AH 7806 (17 April 2006)
Hon'ble Janardan Sahai, J.
Standing counsel represents respondents 1, 2 and 3. Gaon Sabha, respondent no.4 is represented by Sri V.K. Singh. They are granted time to file counter affidavit.
Issue notice to respondents 5 to 11.
It is submitted by Sri B.B. Paul, learned counsel for the petitioners that against the decree of the trial court in a suit under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act an appeal was filed by the petitioners in which the Commissioner has stayed the operation of the trial court's order but in the latter portion has observed that the Up Zila Adhikari is the authority competent to dispose of the matter in respect of possession and that this latter part of the order, goes the contention, is wholly misconceived and without jurisdiction in as much as the appellate authority is competent to decide all the questions involved in the appeal.
In view of the contention advanced until next date of listing the operation of the order impugned dated 23.3.2006 passed by the Commissioner in so far as it directs the matter being remitted to the Up Zila Adhikari for deciding the question of possession is stayed.
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