Court No. - 6
Case :- WRIT - C No. - 7080 of 1998 Petitioner :- Mahavir Yadav And Others Respondent :- Addl. Commissioner And Another Counsel for Petitioner :- Madhusudan Dikshit,Amar Nath Bhargava,Ram Ashish Pandey,Vinay Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioners and the counsel for the respondents.
This petition impugns an order of the Additional Commissioner holding that the allotments made in favour of the petitioners here under Section 27 of the 1960 Act were illegal. He however remitted the matter back to the District Magistrate with the observation that the case of the petitioners may be considered along with all other eligible persons in accordance with the preferential order provided under Section 198 of the U.P.Z.A. & L.R. Act, 1950.
From the findings recorded by the Commissioner with respect to the validity of the allotments and to which no challenge is raised by the learned counsel for the petitioner, the Court is constrained to note that the original allotment process cannot possibly be countenanced. In that view of the matter, the Court finds no ground warranting interference with the order impugned.
It is however left open to the petitioners to assert their claim for allotment in terms of the order impugned as framed by the Commissioner.
The writ petition stands disposed of accordingly.
Order Date :- 26.7.2019/Arun K. Singh (Yashwant Varma, J.)