S.N.SRIVASTAVA
ISHU – Appellant
Versus
STATE OF U. P. – Respondent
( 1 ) THIS petition arises out of the proceedings under Section 33/39 of the U. P. Land Revenue Act. It would transpire from the record that a minor dispute relating to correction/mutation in the revenue record, escalated in proceedings which travelled upto the stage of Commissioner and resulted in passing of the orders impugned in this petition including the orders passed by appellate as well as revisional authorities. The main plank of the grievance of the petitioner is that the authorities have not appraised the evidence and consequently merits of the case in its proper perspective.
( 2 ) I have heard learned counsel for the petitioner and also the learned counsel representing the opposite parties. Since elaborate arguments have been canvassed at the very threshold, I feel, that the petition should be decided in limine.
( 3 ) THE law is well-settled that orders passed by the revenue authorities in proceedings under sections 33, 34. 35 and 39 of the Land Revenue Act wear the badge of an order stemming from summary proceedings and by this reckoning, the petition impugning orders passed in proceedings under Sections 33, 34, 35 and 39 of the Land Revenue Act is
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