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2009 Supreme(All) 3111

S.U.KHAN
DINA NATH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
P.K. Upadhyay for the Petitioner; S.R. Yadav, S.C. for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—Heard learned counsel for the petitioner and Sri S.R. Yadav, learned counsel for the respondent No. 3, who has appeared through caveat.

2. The case of the petitioner is that land in dispute was allotted to his mother in the year 1968 by Gaon Sabha. However, in the revenue records, name of Smt. Kalawati Devi, mother of the petitioner was recorded for the first time in the year 1997 through order alleged to have been passed by C.O. on 12.2.1997, copy of which is Annexure-1 to the writ petition. In Annexure-1, it is mentioned that in the basic year, i.e. the year when consolidation proceedings started, land in dispute included in Khata Khatauni No. 304 was entered as usar land. It is not mentioned that what was the basic year. It is further mentioned in the said order that Smt. Kalawati filed belated objection along with delay condonation application claiming that patta was granted to her in 1968 however due to ignorance, she could not apply for entry of her name in the revenue records. In the said order patta bearing date 14.3.1968 is mentioned to have been filed. Some witnesses were examined including Ram Roop, Pradhan. Patta was also shown to have been

















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