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Smt. Vidya & Others v. State Of U.P. & Others - WRIT - C No. 25363 of 2006 [2006] RD-AH 9259 (9 May 2006)


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Hon'ble Janardan Sahai, J.

      Heard the learned counsel for the petitioners, learned Standing Counsel who represents respondents 1, 2 and 3 and Sri Anuj Kumar, who represents respondent no.4. Sri Anuj Kumar does not propose to file any counter affidavit.

        A complaint under Section 198 (4) of the U.P. Zamindari Abolition and Land Reforms Act was filed against several allottees of Gaon Sabha land. One of them was Harfool who was the opposite party no.7 in the complaint case. An application was filed by the other opposite parties that Harfool has died and the complaint be dismissed. The application has been rejected. Against that order the petitioners filed a revision, which was dismissed by the Additional Commissioner, Saharanpur. The petitioners have challenged these orders.

       It is submitted by the learned counsel for the petitioners that the order of rejection was passed without application of mind. However, it is not in dispute that the land, which the petitioners have been allotted, is separate from the land, which was allotted to Harfool. As such even if Harfool has died that fact will not effect the maintainability of the case against the petitioners. The petitioners are not affected.

        If Harfool has died his heirs would have to be given notice to continue proceedings against the patta of Harfool but there is no bar to proceedings against the petitioners or the other opposite parties.

         With the above observations the writ petition is disposed of.




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