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2002 Supreme(All) 360

ASHOK BHUSHAN
MADHAV PANDEY – Appellant
Versus
BOARD OF REVENUE – Respondent


Advocates Appeared:
D.S.CHAUHAN, Gajendra Pratap, RAJENDRA KUMAR MISHRA, Yogesh Kumar Saxena

ASHOK BHUSHAN, J.

( 1 ) HEARD Sri Yogesh Kumar Saxena for the petitioners and Sri Gajendra Pratap appearing for the respondent Nos. 2, 3 and 4. Pleadings of the parties are complete and both the parties have agreed that the writ petition itself be finally decided.

( 2 ) THE writ petition has been filed by the petitioners praying for quashing of the order dated 21. 6. 2001 passed by the Board of Revenue. U. P. Lucknow. The facts of the cases as emerge from the pleadings of the parties are : one Smt. Barmati wife of late Sri Jag Mohan was recorded in the khatauni of village Barbadeeh and village Baliyari with regard to certain agricultural land Smt. Barmati died and after the death of Smt. Barmati, an application for mutation of their names was moved by the respondent Nos. 2, 3 and 4 through their father Ramakant Pandey under Section 34 of the U. P. Land Revenue Act. Another claim was made by the petitioners claiming mutation on basis of a Will. Cases were consolidated and Case No. 45/131. Ravi Shankar v. Smt. Barmati was made the leading case. The objection was filed by the petitioners. Tahsildar, Robertsganj vide order dated 28. 3. 1985 rejected the application and objection of the










































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