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Mohd Ishaque & Another v. State Of U.P. & Another - WRIT - C No. 63671 of 2005  RD-AH 2249 (12 February 2007)
Hon. S.N. Srivastava, J.
From perusal of the affidavit filed by Sri D.K. Sinha, Deputy Commissioner, Nagar Nigam, Allahabad, it transpires that the land mentioned in Annexure -1 to the affidavit filed alongwith the compliance report of Sri S.L. Yadav, Legal Adviser, Nagar Nigam, Allahabad belonged to Nagar Nigam,Allahabad. It further transpires from the affidavt that Nagar Nigam, Allahabad has already cancelled all agricultural Patta on 9.3.2006 and for expunging the names of those persons recorded on the basis of earlier Patta files were sent to the Sub Divisional Officer, Sadar, Allahabad. A report was submitted by the Nayab Tehsildar, Sadar to the Tehsildar (Judicial), Sadar, Allahabad on the basis of which, 111 files sent to the Sub Divisional Officer were returned to the Nagar Nigam, Allahabad on the ground that Parvana of the order passed by Commissioner, Nagar Nigam has not been received, thus, no orders could be passed on the files.
Once Tehsildar (Judicial) found that the land belonged to Nagar Nigam and the Nagar Nigam has already cancelled the Patta, Tehsildar (Judicial), Sadar, Allahabad was required to pass orders in accordance with law. Tehsildar (Judicial), Sadar, Allahabad shall explain why all the files were returned to the Nagar Nigam without passing any order. In case he wanted some papers, the same would have been called for from the Nagar Nigam. The Nayab Tehsildar, Sadar, Allahabad, who has submitted the report as contained in Annexure-4 to the Affidavit, shall also explain justifying his report that the entries in the revenue records were made in accordance with law and the basis of his report justifying the entries made in the name of allottees who acquired rights through Patta which already stood cancelled by the Nagar Nigam. The explanation of Tehsildar (Judicial), Sadar, Allahabad and the Nayab Tehsildar, Sadar, Allahabad shall be filed on or before 26th February, 2007. They are also directed to appear in person before this Court on the date fixed.
The Nagar Nigam, Allahabad is directed to tramnsmit all such files for passing appropriate orders to the Sub Divisional Officer, Sadar, Allahabad within three days from today, who shall pass appropriate orders in accordance with law on the files submitted to him before the date fixed and copies of the orders passed by the Sub Divisional Officer, Sadar, Allahabad shall be filed alongwith an affidavit before the Court by the next date.
If allotment of agricultural Patta has already been cancelled by the Nagar Nigam, the Nagar Nigam shall initiate appropriate proceeding for eviction of unauthorised occupants under relevant law by the date fixed. Nagar Nigam, Allahabad shall also file an affidavit making specific averments about the steps taken for demolition of unauthorised construction and eviction for unauthorised occupants.
Registry is directed to serve copy of the order to learned Standing Counsel and Sri S.D. Kautilya, learned Counsel for Nagar Nigam, within 24 hours for compliance.
List on 26th February, 2007.
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