Ghanshyam vs Additional Commissioner (I) ...
2017 Latest Caselaw 7506 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - C No. - 57185 of 2017
 

 
Petitioner :- Ghanshyam
 
Respondent :- Additional Commissioner (I) Alld. Division & 3 Others
 
Counsel for Petitioner :- K.C. Mishra
 
Counsel for Respondent :- C.S.C.,Diwakar Singh
 

 
Hon'ble Manoj Kumar Gupta,J.

It is contended that the patta granted in favour of the petitioner in the year 2000 has been cancelled by drawing proceedings in the year 2009 despite statutory bar under sub section (6) of Section 198  of the U.P.Z.A. & L.R. Act, 1950 for initiation of such proceedings after expiry of five years from the date of allotment.

Prima facie, the contention appears to have force.

Learned Standing Counsel appearing on behalf of respondents 1 and 2 and Sri Diwakar Singh appearing on behalf of respondent no.3 pray for and are granted a month's time to file counter affidavit.

Issue notice to respondent no.4 fixing a date in the last week of January 2018. Steps to be taken within a week by registered post.

The said respondent may also file counter affidavit by the next date.

Having regard to the facts of the case and the submissions made, eviction of the petitioner in pursuance of the impugned order shall remain stayed till the next date of listing.

(Manoj Kumar Gupta, J.)   

Order Date :- 30.11.2017

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