VIJAY AND ORS. Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2015-2-226
HIGH COURT OF ALLAHABAD
Decided on February 27,2015

Vijay And Ors. Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

Anjani Kumar Mishra, J. - (1.) HEARD Sri P.K. Sinha learned Counsel for the petitioners and learned Standing Counsel for the State respondents. This writ petition has been filed seeking amongst other the following relief: - - "(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite party No. 2/District Magistrate to decide the stay application of maintaining status quo till the proceeding under section 198(4) is adjudicated"
(2.) IT has been contended by learned Counsel for the petitioner that certain land belonging to the Gaon Sabha was settled in favour of respondent Nos. 4 to 14. This allotment was made surreptitiously and without following the procedure prescribed. In the process the land was allotted to the persons who were not eligible for such allotment. Even the approval of the resolution was granted surreptitiously. Proceedings were therefore initiated for cancellation of the lease under section 198(4) of the U.P. Zamindari Abolition & Land Reforms Act. The allottees sold the land allotted to them to builders who started raising constructions thereon. In these proceedings despite orders being passed the record pertaining to the allotment in favour of the respondent Nos. 4 to 14 was not produced.
(3.) IT has further been alleged that during the pendency of these proceedings repeated applications were filed for interim protection. On the one hand the record of the allotment proceedings was not being produced on one pretext or other and on the other hand no orders are being passed on the repeated applications for interim relief. All the applications filed were merely being directed to be kept on record and therefore this petition for the relief noted herein above.;


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