GHANSHYAM versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Ghanshyam v. State Of U.P. & Others - WRIT - C No. - 40407 of 2007 [2007] RD-AH 14912 (3 September 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble Janardan Sahai, J

The patta was cancelled in the year 1989. This petition suffers from laches of about seven years. Counsel for the petitioner submitted that the petitioner's grand father was recorded in 1365 Fasli. It is submitted that the petitioner is continuing in possession since then and being a Schedule Caste is entitled to protection of Section 122-B (4) (F) of the U.P. Zamindari Abolition & Land Reforms Act. The question raised by the petitioner is one of facts. No khasra extract has been filed in proof of the possession. It is open to the petitioner to file a declaratory suit. No ground for interference under extra ordinary jurisdiction has been made out. The petition is disposed of.

Dt. 3.9.2007

sn/wp-40407/07

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