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SURAJ & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Suraj & Others v. State Of U.P. & Others - WRIT - C No. 30841 of 2007 [2007] RD-AH 11872 (12 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.

Shri Dinesh Kumar and Shri Saheb Tiwari are present on behalf of the respondents.

The Additional Commissioner (Administration) under the impugned order passed in proceedings under Section 285 (I) has rejected the objection filed against the auction sale.  The finding recorded under the impugned order are being questioned with reference to other evidence on record.  This Court under Article 226 of the Constitution of India is not required to sit in Appeal over the findings of fact recorded by the Court below.  In the facts of the present case the proper remedy available to the petitioner is to file a civil suit for declaration of his title.

Writ petition is dismissed.

Dated: 12.7.2007

V.R./30841/07


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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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