CHHOTEY Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri Prakash Pandey holding brief of Sri Rahul Pandey learned Counsel for the Petitioner and learned standing counsel for the State Respondents. Counter and rejoinder-affidavits have been exchanged between the parties.

(2.) The Petitioner who claims to belong to the Scheduled Caste category is aggrieved by the order dated 10.12.2007 passed by the Additional District Magistrate (Finance) Kanpur Nagar as also the order dated 18.1.2008 passed by the Additional Commissioner (Administration) Kanpur Nagar in Chhotey v. State of U.P. and Ors. Case No. 3 of 2008 Under Section 210 of the Land Revenue Act.

(3.) According to Sri Pandey and the averments as contained in paragraph 4 to the writ petition the Petitioner has total agricultural land of 0.244 hectare situated in araji No. 130 village Garhi, district Kanpur Nagar. He proposes to purchase 0.359 hectare of land in neighbouring two villages being village Sona and village Bhairampur by selling his original agricultural land having area of 0.244 hectare in Araji No. 130 situate at village Garhi. In view of the provisions of Section 157A the Petitioner sought permission of the authority however the same has been refused by the authorities to which learned Counsel for the Petitioner has submitted that the intended purchase would increase his holding from 0.244 hectare to 0.359 hectare and as such the impugned orders are liable to be set aside.