Shiv Prasad, Lal Babu Both Sons Of ... vs The State Of Uttar Pradesh And Ashish ... on 9 October, 2006
9. The applicants have cited the case of Yaqoob and Ors. v. State of U.P. and Ors.
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Yaqoob vs State Of U.P. And Ors. on 5 October, 2004
Ajay Upadhyay S/O Late Narendra Nath ... vs Collector, Sub Divisional Officer, ... on 9 January, 2008
In the case of Yaqoob v. State of U.P. 2005 (1) AWC 159, this Court has held that under Rule 285(1) of U.P.Z.A. and L.R. Rules, only the Commissioner has power to decide objection. In view of our above discussions, we come to the conclusion that the order, passed by Deputy Collector, Sikandarpur, setting aside sale made in favour of the petitioner is not in accordance with law and we therefore, set it aside. The matter is remanded back to Deputy Collector Sikandarpur, with direction to re-assess market value of the property under sale and refer the matter to the Collector, Ballia for approval or setting aside sale as deem fit under law.
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