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Nagar Panchayat Dasna, Ghaziabad v. State Of U.P. & Others - WRIT - B No. 19825 of 2007 [2007] RD-AH 7213 (19 April 2007)


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Hon'ble Janardan Sahai, J

The petitioner Nagar Panchayat  filed an application under Section 33/39 of the U.P. Land Revenue Act for expunging the  entry in the name of respondent no.5 Titus Trading and Agencies Ltd. The case of the petitioner Nagar Panchayat was that the land in question was vested on it  and was also originally recorded in their name till 1360 Fasli and the Assistant Collector passed an order expunging the name of respondent no.5.   The revision filed by respondent no.5 however has been allowed by the Additional Commissioner and the petitioner has filed a revision before the Board of Revenue which is pending.

Learned counsel for the petitioner submitted that when the revision was pending before the Additional Commissioner no interim order was granted by the Additional Commissioner and on the writ petition filed by respondent no.5 an order was passed by this Court on 23.3.2006 staying the operation of the order of Sub Divisional Officer  and restraining the parties from changing the status quo prevailing on the spot. It is submitted by the petitioner's counsel that the Board of Revenue has admitted the revision of the petitioner but has not disposed of the stay application and in case no protection is granted to them by the Board of Revenue, the respondent no.5 will raise commercial complex over the property in dispute.

Issue notice to respondent no.5.

Meanwhile it is open to the Board of Revenue to dispose of the stay application filed by the petitioner.    

Until the next date of listing or until the disposal of the stay application by the Board of Revenue, whichever is earlier,  the parties are directed to maintain status quo over the disputed land.

Dt. 19.4.2007



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