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Bhullan Kharwar v. State Of U.P. & Others - WRIT - C No. - 43643 of 2007 [2007] RD-AH 15382 (12 September 2007)

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Hon'ble Janardan Sahai, J

Proceedings under Section 122-B of the U.P. Zamindari Abolition & Land Reforms Act were initiated against the petitioner's father Tufani. An order for eviction was passed against him, Against that order a revision was filed by the petitioner father which was dismissed by the Collector by order dated 26.3.2004. The report of the Stamp Reporter indicates that there are laches of three years and 73 days in filing of this writ petitioner. The petitioner has sought to explain the same in paragraph no. 15 of the writ petition upon which counsel for the petitioner relied. It is stated therein that the father of the petitioner died on 14.11.2004 which is after a period of about 8 months from the date the order was passed. Tufani never challenged the orders in his life time. The explanation for the delay is not satisfactory. The finding of fact is that the petitioner is in unauthorized possession over the pasture land. These are summary proceedings. No ground for interference under Article 226 has been made out. The petitioner has the remedy of filing a suit. Dismissed.

Dt. 12.9.2007



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