Ganga Devi VS. Distt. Judge, Nainital & Ors.

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Ganga Devi VS. Distt. Judge, Nainital & Ors.

The Judgement Information System REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICITION

CIVIL APPEAL NO. 1795 OF 2000 Behari Kunj Sahkari Avas Samiti Versus State of U.P. & Ors.

JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Challenge in this appeal is to the order passed by Division Bench of the Allahabad High Court dismissing several writ petitions. Three writ petitions were filed by the State of Uttar Pradesh through Secretary, Revenue Department, Smt. Lalita Chaturvedi and Ors. and by G.C. Mittal. These writ petitions were numbered as Civil Misc. Writ Petition Nos.16775 of 1985, 9162 of 1987 and 9386 of 1987 respectively.

2. In these three civil writ petitions, the disputed subject matter is Khasra No. 519, village Surjepur, Agra whose total area is four bighas one biswa which is recorded as property of Abdul Wahid in revenue record. At the time of division of the country, Abdul Wahid had migrated to Pakistan in 1947-48 and his aforesaid property, (Khasra No. 519, village Surjepur, total area four bighas one biswa) was declared as evacuee property and under Administration of Evacuee Property Ordinance, 1949 (Ordinance No. 1 1949) it vested in the Custodian of Evacuee Properties. Later on the said ordinance was substituted by Administration of Evacuee Property Act,

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