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2006 Supreme(All) 2308

ASHOK BHUSHAN
BINDA BAU – Appellant
Versus
BOARD OF revenue – Respondent


Advocates Appeared:
A.A.Ansari, Agrawal, B.N.AGRAWAL, D.N.GUPTA, H.K.Nigam, N.B.Nigam, Raja Ram, S.K.Misra, S.S.GUPTA, SANJAY, V.K.SINGH

B. N. AGRAWAL, J.

( 1 ) LEARNED counsel for the petitioner, Sri S. K. Misra and Sri D. N. Gupta learned counsel appearing for the respondents.

( 2 ) BY this writ petition the petitioner has prayed for quashing the orders dated 24-8-1984 passed by the Board of Revenue in second Appeal No. 18 (z) of 1976-77 and the order dated 29-7-1976 passed by the additional Commissioner and the order dated 4-3-1976 passed by the Sub-Divisional Officer. A mandamus has also been sought directing the Board of Revenue to hear the appeal after giving opportunity to the counsel for the petitioner.

( 3 ) BRIEF facts necessary for deciding the writ petition are : a suit under S. 220-B of the Uttar Pradesh zarnindari Abolition and Land Reforms Act, 1950 was filed by the respondent No. 6-Deep chandra praying for declaration with regard to Plot No. 304 area 4. 60 acres on basis of adverse possession. The suit was decreed by the trial Court by its judgment dated 4-3-1976. A first appeal was filed before the additional Commissioner by the defendant which appeal was dismissed by the first appellate Court on 29-7-1976. A second appeal was filed against the order of the additional Commissioner by Chittu. The seco



















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