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2010 DIGILAW 2384 (ALL)

Anand Kumar and others v. State of U. P. Through Collector, Allahabad and others

2010-08-06

POONAM SRIVASTAVA

body2010
Mrs. Poonam Srivastav, J.: - Heard Sri K.R. Sirohi and Sri S.C. Dwivedi Advocates appearing on behalf of the peti­tioners and learned Standing Counsel on behalf of the State. 2. This connected writ petition No. 35991 of 2002 has been preferred by heirs of Mahabir against the State of U.P. challeng­ing the order dated 6.7.2002 passed by Anu Sachiv U.P. Government and order dated 25.6.2002 passed by Principal Secretary Revenue Department. The petitioners are heirs of Mahabir who were impleaded in S.L.P. which was filed against the order of this Court dated 2.2.2000 in Writ Petition No. 21543 of 1991. Respondent No. 9 claims himself to be allottee of the land which was wrongly declared surplus and the mistake has now been rectified up till stage of the Apex Court. He adopted, a novel method by trying to pressurise the Government and initiating proceedings on the basis of an application as he is an active member of the ruling party. The Minister of Khadi Gramodyog U.P. passed an order on 17.6.2002 on an application dated 24.6.2002 given by respondent No. 9 and the District Magis­trate having no other option issued direc­tion to the Chief Revenue Officer to make an inquiry in the matter on 11.7.2002. The Principal Secretary and Anu Sachiv have sent the impugned letter to make compli­ance of the order of the Minister and de­liver possession to respondent No. 9. This is against the legal and valid orders passed by this Court as well as the Apex Court and any proceeding on the basis of direction of a Minister or under political pressure will only amount to an act of contempt. 3. In view of this, the respondents in Writ Petition No. 35991 of 2002 are re­strained from trying to take possession of the land in question from the petitioners. The writ petition is allowed. Petition Allowed.