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2019 Supreme(Raj) 1871

SANJEEV PRAKASH SHARMA
Bhagwan Sahay – Appellant
Versus
Gopal – Respondent


Advocates Appeared:
Girija Kumar Tiwari, Advocate, Rakesh Kumar, Advocate

JUDGMENT

Sanjeev Prakash Sharma, J. - Instant writ petition has been filed by the petitioners assailing the orders dated 26/09/2018, 28/09/2018 and 14/01/2019, rejecting reference made by the Collector, making amendments and rejecting review petition filed by the petitioners respectively.

2. The case set up by the petitioners is that vide registered sale deed dated 26/11/1973 father of the petitioners sold piece of land of ten Khasras measuring 15 Bighas 10 Biswas having corresponding seven new Khasra numbers measuring 3.88 hectares in favour of the respondent no.2. It is submitted that the petitioners' father is from Scheduled Caste while respondent no.2 is a member of Scheduled Tribe. On 03/10/1975, the Sarpanch, gram Panchayat, Bhankrota sanctioned mutation on the basis of the aforesaid sale deed. On 17/03/1990, the respondent no.2 filed an application before the Assistant Settlement Officer for issuing Settlement Parcha in her name and for entering her name in revenue records. On 20/03/1990, the Assistant Settlement Officer made observations with regard to sale of land from SC person to ST but further observed that such mutation could not be cancelled by the department and approv

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