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BUDHI SEN SHUKLA versus DISTRICT ASSISTANT REGISTRAR, CO

High Court of Judicature at Allahabad

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Budhi Sen Shukla v. District Assistant Registrar, Co-Operative Socieities & Ors. - WRIT - C No. 2769 of 2006 [2006] RD-AH 970 (16 January 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

This petition has been filed for quashing the citation dated 8th December, 2005 issued by the Tehsildar, Tehsil Koraon, District Allahabad and for a direction upon the respondents not to recover the amount from the petitioner as arrears of land revenue.

Awards were made against the petitioner by the Arbitrator under the provisions of U.P. Co-operative Societies Act against which the petitioner filed appeals, which are pending disposal. Recovery proceedings have been initiated against the petitioner for recovering the amount awarded under the aforesaid awards.

We are of the considered opinion that as the petitioner has filed appeals against the aforesaid awards and nothing has been brought on record to indicate that the Appellate Court has passed any interim order in favour of the petitioner, the amount sought to be recovered cannot be resisted by the petitioner by means of the present petition.

Petition is accordingly dismissed.

Dt/- 16.1.2006

GS-2769

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