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Surendra Kumar Sharma v. State Of U.P. & Others - WRIT - C No. 50485 of 2006 [2006] RD-AH 15986 (13 September 2006)


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Hon'ble Janardan Sahai,J

By the impugned order  dated 30.5.06 the Additional Collector (City), Meerut has allowed the revision of the State of U.P. and has remanded the case for fresh decision of the Tehsildar in proceedings under Section 122B of the U.P.Zamindari Abolition & Land Reforms Act. The land in dispute is recorded as Jauhar (pond). The remand has been made with a direction that the Tehsildar may make fresh measurements and pass fresh orders. It is submitted by the petitioner's counsel that the revisional court has not considered the material on the record.  In para 14 of the petition it is stated that the Lekhpal admitted that he had not measured the area of the pond. In the circumstances the remand for making measurement cannot be said to be illegal. After the measurements are made the petitioner has a right to put forth  his version also. It is open to the petitioner to press his case on the basis of the material and it is also open to him to raise whatever contentions are available to him under law. No ground for interference under Article 226 of the Constitution of India has been made out as the order does not suffer from any illegality. Dismissed.

Dt: 13.9.06sm



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