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2009 Supreme(All) 3503

S.S.CHAUHAN
KANPUR DEVELOPMENT AUTHORITY, KANPUR – Appellant
Versus
BOARD OF REVENUE U. P. AT LUCKNOW – Respondent


Advocates:
Counsel :
P.N. Saxena, Ajit Kumar Singh for the Petitioner; R.N. Singh, Sr. Adv. and A.K. Rai for the Respondents.

JUDGMENT

Hon’ble S.S. Chauhan, J.—Heard learned counsel for the petitioners and learned counsel for the opposite parties.

2. Through the present petition, the petitioners have challenged the order dated 9.9.2008 passed by the Board of Revenue and the consequential order dated 18.9.2008 passed by the District Magistrate, Kanpur Nagar, contained in Annexure Nos. 1 and 2 respectively to the writ petition.

3. The dispute relates to plots No. 54-M, 62-M, 73 & 99/1 having total area 170 bigha, 3 biswa and 19 biswansi at village Dehli Sujanpur, Tehsil and District Kanpur Nagar. In the basic year the land was recorded as Usar and Banjar in 1359 fasli. Proceedings under Section 33/39 of the U.P. Land Revenue Act (for short “the Act”) were initiated by the Tehsildar on the ground that the names of opposite parties No. 2 to 7 have been wrongly and fraudulently recorded in the revenue records and as such, a recommendation was made for expunging the names of opposite parties No. 2 to 7 and recording the name of Kanpur Development Authority. The Sub-Divisional Officer proceeded to expunge the entry in the names of opposite parties No. 2 to 7 and the name of the Kanpur Development Authority was en








































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