DAYA SHANKAR AND OTHERS versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Daya Shankar And Others v. State Of U.P. And Others - WRIT - C No. - 50800 of 2007 [2007] RD-AH 16653 (12 October 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 AT ALLAHABAD

Hon'ble Janardan Sahai, J

The petitioner's case is that a resolution for allotment of agricultural land was passed in favour of the petitioners by the Gaon Sabha and the said resolution was approved by the Sub Divisional Officer by order dated 4.8.2007 and the petitioners were also put into possession on 14.9.2007 but subsequently with the aid of respondent no.3, the petitioners have been dispossessed by 27 persons (Ashoka Devi and 26 others) who have not been impleaded in the writ petition as parties but whose names are given in Annexure-8 to the writ petition (page 66). It is submitted that there is no order of allotment in favour of these 27 persons. It is stated by the petitioners' counsel that an application dated 24.9.2007 was filed by the petitioners before the Sub Divisional Magistrate.

Under Section 198 (A) of the U.P. Zamindari Abolition & Land Reforms Act an allottee if unauthorizedly dispossessed is entitled to get back the possession. Counsel for the petitioners submits that the petitioners will file an application under Section 198 (A) of the U.P. Zamindari Abolition & Land Reforms Act within a week from today. In case such an application is filed, the Assistant Collector shall consider the same and pass appropriate orders expeditiously and in accordance with law.

The writ petition is disposed of.

Let a certified copy of this order be supplied to the counsel for the petitioner on payment of usual charges today.

Dt. 12.10.2007

sn/wp-50800/07

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