Court No. - 6 Case :- WRIT - C No. - 3548 of 2010 Petitioner :- Raish Khan Respondent :- State Of U.P. And Others Petitioner Counsel :- Aloke Kumar Respondent Counsel :- C.S.C.,D.D. Chauhan Hon'ble Pankaj Mithal,J.
The mother of the petitioner had purchased land of Gata No.1138
area 2 Bigha 11 Biswa vide sale deed dated 13.9.1999. Since the
sale was in respect of a fragment proceedings under Section
166/167 Zamindari Abolition and Land Reforms Act were initiated
and despite petitioner’s objection that his mother had land
continuous to the purchased fragment therefore the sale deed
would not be hit by Section 168-A of the Act, the order dated
5.3.2003 has been passed declaring the sale to be void. The
revisional court recorded the submission of the petitioner in this
regard but has failed to record any finding.
Learned Standing Counsel appearing for respondents no.1 and 2
and Sri D.D.Chauhan who has accepted notice on behalf of
respondent no.3 pray for and are allowed six weeks’ time to file
counter affidavit. Two weeks thereafter are allowed to the
petitioner for filing rejoinder affidavit.
List after expiry of the aforesaid period.
Until furthers of this Court, the operation of the impugned orders
dated 5.3.2003 and 3.11.2009 (Annexures 5 and 7 to the writ
petition) shall remain stayed.
Order Date :- 27.1.2010
BK