ALI SHER Vs. STATE OF U.P. THROUGH COLLECTOR, BIJNOR AND OTHERS
LAWS(ALL)-2007-2-326
HIGH COURT OF ALLAHABAD
Decided on February 01,2007

ALI SHER Appellant
VERSUS
State Of U.P. Through Collector, Bijnor And Others Respondents

JUDGEMENT

Krishna Murari, J. - (1.) Heard learned Counsel lor petitioner and learned Standing Counsel representing the respondents.
(2.) Facts are that an objection filed by petitioner under section 9-A(2) of U.P. Consolidation of Holdings Act challenging reservation of his original plot for construction of primary Health Centre was rejected by Consolidation Officer vide order dated 19.9.2006 against which he went up in appeal. Appellate Court entertained the appeal and passed an order directing to maintain status quo till the disposal of appeal. Subsequently, on a letter written by Chief Medical Officer, Settlement Officer Consolidation recalled his earlier order dated 12.10.2006 on the ground that it was passed against State Government.
(3.) It has been allowed by learned Counsel for petitioner that plot situate near Abadi is very fertile and of commercial nature which was earmarked for construction of Primary Health Centre and petitioner would suffer irreparable loss in case primary health centre is allowed to be constructed on the same. It has further been alleged that vacation of interim order will render the appeal filed by petitioner infructuous.;


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