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LAKHAN SINGH versus YRAM PAL SINGH & OTHERS

High Court of Judicature at Allahabad

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Lakhan Singh v. Yram Pal Singh & Others - WRIT - C No. 29132 of 2007 [2007] RD-AH 11123 (4 July 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'ble Arun Tandon, J.

This writ petition is directed against an order passed under Section 166/167 of the U.P.Z.A.&L.R. Act whereby it has been recorded that because of the transfer of the land in question by the petitioner the same stood vested in the State Government with reference to Section 166/167 of the U.P.Z.A.&L.R. Act.  Counsel for the petitioner submits that a Patta was granted in the year 1975.  The finding in the impugned orders that the transfer of land results in the property being vested in the State Government with reference to Section 166/167 of the U.P.Z.A.&L.R. Act is legally not justified.  It may be recorded that no documents in support of a valid patta being executed in favour of the petitioner in the year 1975 have been brought on record.

In the opinion of the court writ petition raises issues of fact which   necessarily require consideration of evidence through regular suit proceedings for such declaration of his title as may be permissible under law would be more appropriate. Petitioner may seek  declaration of his title by way of regular Suit.  He is also at liberty to file an interim stay application as may be necessary in the facts of the present case for protecting his possession, if any.

Writ petition is dismissed.

Dated: 04.7.2007

V.R./29132/07


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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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