High Court of Judicature at Allahabad
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Hari Shankar Kushwaha & Others v. State Of U.P. Thru' Secretary Revenue Deptt., Lucknow & Ors. - WRIT - C No. 64061 of 2006  RD-AH 20115 (28 November 2006)
Hon'ble Anjani Kumar, J.
Heard learned counsel for the petitioners and learned standing counsel who has accepted notice on behalf of respondents no.1, 3 and 4, prays for and is granted one month's time to file counter affidavit. The petitioners will have three weeks' thereafter to file rejoinder affidavit.
Issue notice to respondent no.2 returnable within one month.
Learned counsel for the petitioners has relied upon a Division Bench decision of this Court reported in 1996 (87) RD 190, Shiv Autar vs. Nabi and others, wherein it is held that Additional Collector has no authority to cancel allotment as he is not covered by the definition of "Collector" under the Act. In view of the aforesaid decision the petitioners have been able to make out a prima facie case for grant of interim order.
Until further orders of this court the petitioners shall not be dispossessed from the land in dispute.
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