MANISH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajesh Kumar Singh, learned counsel for the petitioner and Sri Udit Chandra, holding brief of Sri Subodh Kumar learned counsel appearing for Respondent Nos. 5 and 6 and learned Standing Counsel appearing for the State-Respondent and perused the record.

(2.) All these petitions raise common question of law and, therefore, are decided by this common order and the Writ Petition 54312 of 2008 (Manish Kumar v. State of U.P. through Secretary, Finance and Revenue and others) is taken as a leading case. The facts narrated in the said writ petition are referred hereunder.

(3.) By means of this petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 6th September, 2008 passed by Respondent No. 2, namely, the District Magistrate, Muzaffar Nagar by which the name of the recorded original tenure holder over the land in question has been directed to be struck off holding the property to be an enemy property.