SMT. SHEELA DEVI & OTHERS versus DISTRICT MAGISTRATE, MAHARAJGANJ & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Smt. Sheela Devi & Others v. District Magistrate, Maharajganj & Others - WRIT - C No. 25850 of 2006 [2006] RD-AH 9548 (15 May 2006)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. S.N. Srivastava, J.

Learned counsel for petitioners urged that order dated 19.4.2006 of District Magistrate, Maharajganj was passed without giving any opportunity of hearing.  He further urged that petitioners are tenureholders of land in dispute.  In this regard he referred decree dated 26.2.1971, passed in Suit No. 138 under Section 229-B of the U.P. Zamindari Abilition & Land Reforms Act, Mauja Bahuar Kala, Tappa Domakhand, Pargana Tilpur, Tehsil Nichlaul, District Maharajganj and also records of other proceedings.

Learned Standing Counsel is directed to produce original records of Suit No. 138 under Section 229-B of the U.P. Zamindari Abolition & Land Reforms Act dismissed on 26.2.1971.  He will also produce original records of Case No. 2125 decided on 5.8.1987 and Case No.2282 decided on 22.4.1987 by Consolidation Officer.  The original order passed by Consolidation authorities under Section 9 of the U.P. Consolidation of Holdings Act in compliance of which order dated 5.8.1987 was passed under Rule 109-A of the U.P. Z.A. & L.R. shall also be produced before this Court apart from other records relating to the proceedings in which order dated 19.4.2006 was  passed by District Magistrate, Maharajganj.  

The District Magistrate, Maharajganj shall also take all effective steps to produce all the original records mentioned above before this Court on 25th May, 2006.

List on 25th May, 2006.

Status quo as regards possession shall be maintained and investigation for prosecution against the petitioners in pursuance of the impugned order shall remain stayed till next date of listing.

Office is directed to serve copy of this order to learned Standing Counsel within 48 hours for compliance.

15.5.2006

bgs/-VA25850.06

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