PREM CHAND Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Manoj Gupta, holding brief of Shri V. K. Gupta, learned counsel appearing for the petitioner and Shri Vinay Malaviya, learned standing counsel representing the respondents.

(2.) THE order dated 7th May, 1979, a copy whereof is Annexure 6 to the petition, passed by the Collector Road Side Land Control Officer, Muzaffamagar, the respondent No. 2. under Section 13 (2) of the U. P. Road Side Land Control Act, 1945, hereinafter called the Act, is under challenge in this petition under Article 226 of the Constitution of India.

(3.) COUNTERING the submission of the learned counsel for the petitioner, the learned standing counsel, representing the respondents, asserts that provisions of Section 16 of the Act are not attracted on the facts and in the circumstances of the case.