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RUPA & ANOTHER versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Rupa & Another v. State Of U.P. & Others - WRIT - C No. 26377 of 2007 [2007] RD-AH 10428 (5 June 2007)

 

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.SHISHIR KUMAR, J.

The present writ petition has been filed challenging the order of the respondents dated 23.4.2007 by which the patta which was allotted in favour of the petitioners has been cancelled.

By order dated 23.6.1972, the patta was allotted in favour of the petitioners.  It appears that on the basis of the report submitted by the Naib Tehsildar, the patta in favour of the petitioners has been cancelled.  It has been submitted by the petitioners that no notice and opportunity has been given to the petitioners prior to cancellation of patta, which is necessary requirement under the law.  Reliance has been placed upon a judgment of this Court in Irshad and others Vs. District Magistrate reported in Revenue Decisions 2006 (100) Page-734.  In support of the aforesaid contention the learned counsel has submitted that this Court has quashed the proceedings and matter has been remanded  back to the competent authority to pass appropriate orders  in accordance with law after affording an opportunity to the person concerned.

After hearing both the parties, the learned standing Counsel has also submitted that matter be remanded back to the competent authority for passing appropriate orders according to law.

In view of the aforesaid fact, the writ petition is allowed.  The order dated 23.4.2007 (Annexure 6 to the writ petition) is hereby quashed and the matter is remitted back to the competent authority to pass appropriate orders according to law after affording an opportunity to the petitioner.

No order as to costs.

5.6.2007

SKD

W.P.No.26377 of 2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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