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Virendra v. State Of U.P. & Others - WRIT - C No. 5730 of 2007 [2007] RD-AH 1804 (5 February 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 Anjani Kumar, J.

Heard learned counsel for the petitioner and learned standing counsel.

The petitioner, by means of this writ petition, has challenged the order which is in fact a remand order. Normally this Court do not interfere with the order of remand. Learned counsel for the petitioner has submitted that the main question of controversy has been adjudicated upon when the appellate court issued direction to the subordinate court that they should proceed after taking into account the valuation of the disputed land as Rs. 4 lacs and odd. This was the sole controversy, therefore the remand is a mechanical process.

I do not find this case to be a fit case at this stage for interference. However subordinate authority is directed to decide the matter on remand and it will be open to the petitioner to pursue the argument regarding quantum of valuation of the land in dispute.

With the above observation this writ petition is finally  disposed of.

Dt: 5.2.2007.

mhu - 5730/07


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