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Mechanised Farm Co-Operative Society Thru' Its Secretary v. Consolidation Officer, Dadri & Others - WRIT - B No. 76405 of 2005 [2005] RD-AH 7677 (16 December 2005)


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Court No. 40

W.P.No. 76405 of 2005

Group -B

Hon'ble S.N.Srivastava,J.

Learned counsel for petitioner raised the following arguments:

(1)The application moved by State counsel was without jurisdiction as notification under section 52 of U.P. Consolidation of Holdings Act has already been made.  The application was filed after about 15 years.  

(2)The impugned order was passed without affording opportunity of hearing to petitioners  and without condoning the delay in filing application.  Any such application is not maintainable.

Learned counsel for petitioner urged that petrol pump was installed in 1967 and is still been running by the petitioner-Society.

Learned counsel for petitioner wants time to file supplementary affidavit annexing relevant papers to prove right and  title  of the petitioner  in the land in dispute.

As prayed, list after three weeks.

In the meantime, Petrol pump situated on the land in dispute shall be not be disturbed and opposite parties are restrained from taking possession or making any settlement of the land in dispute during pendency of the writ petition.  




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