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2008 Supreme(All) 1391

S.U.KHAN
BAHRAICH DEEN – Appellant
Versus
BOARD OF REVENUE U P LUCKNOW – Respondent


Advocates:
H.S.Mishra, R.K.SRIVASTAVA, V.K.SINGH,

S. U. KHAN, J.

Heard learned counsel for the parties.

2. Original restoration application was misplaced hence this duplicate copy of restoration application filed alongwith Listing Application No. 106584 of 2004 was directed to be treated as original restoration application.

3. This restoration application has been filed for recall of my order dated 18. 9. 2004. The operative portion of my judgment dated 18. 9. 2004 is quoted below:

"the writ petition is disposed of with liberty to the petitioner to file the order of Collector dated 26. 3. 1999 before the trial court. The trial court shall call for a fresh report from L. R. Inspector on the basis of the order of Collector dated 26. 3. 1999, which is Annexure-14 of the writ petition. Copy of the corrected map is on page 70 of the writ petition. "

4. In fact I did not decide anything finally through my aforesaid judgment. However in my judgment I mentioned that the Collector, Allahabad passed final order on 26. 3. 1999 in proceedings for correction of map under Section 28 of Land Revenue Act.

5. The only argument of learned counsel for applicant in this recall/modification application is that Annexure-14 to the writ petition order dated









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