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Abdul Hafeez & Others v. State Of U.P. & Others - WRIT - C No. 25208 of 2006 [2007] RD-AH 12780 (25 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).


Hon'ble Arun Tandon, J.

This writ petition is directed against an order of the District Magistrate dated 07.3.2006 whereby the Patta earlier granted in favour of the petitioner has been cancelled in exercise of power under Section 115 (P) of the UPZA&LR Act.  According to the petitioner the order has been passed without notice and opportunity of hearing.  Against the said order petitioner filed a Revision under Section 333 of the UPZA&LR Act before the Commissioner.  The Revision has also been dismissed after recording a finding that the same is not maintainable.

I have heard counsel for the parties and gone through the records of the case.

In the opinion of the Court interest of substantial justice would be served if the petitioner is permitted to file his reply to the objections filed on behalf of respondent no. 4 qua cancellation of the Patta within two weeks from today along with certified copy of this order.  If the reply is so filed, the District Magistrate shall re-consider the issue after affording opportunity of hearing to the parties concerned, by means of reasoned speaking order, preferably within four weeks from the date the reply is so filed.

For a period of six weeks from today status quo as of date shall be maintained.  Thereafter action shall be taken in accordance with the order to be passed as indicated above.

Writ petition stands disposed of.

Dated: 25.7.2007



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