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2011 Supreme(All) 2775

PRAKASH KRISHNA
RIKHVEV – Appellant
Versus
A. D. M. (FINANCE), AZAMGARH – Respondent


Advocates:
Bhagauti Prasad Singh, Raj Karan Yadav, Krishna Mohan for the Petitioners; R.N. Singh, Rajesh Rai, Pankaj Rai, Brijesh Chandra Naik, A.K. Rai, S.C. for the Respondents.

JUDGMENT

Hon’ble Prakash Krishna, J.—This is an unfortunate case.

2. It is said that India lives in villages. The villagers are generally innocent and simple persons but there are some who are crooked and land grabbers amongst them. Many times, the Courts of law are used by such persons to get the seal of approval of their nefarious activities. They play fraud on Court as well on their fellowmen. It is really shocking, as in the present case the Presiding Officer who had retired, was hand in gloves with such persons and with the help of Ex Presiding Officer as it has been found, the petitioners got fabricated a case file wherein ante-dated order has been prepared to grab the property in dispute.

3. The present writ petition arises out of the proceeding under the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as ‘’the Act’). The dispute is with regard to ½ share of plot No. 326 (new Chak No. 295), area 3.363 Acre, which in the basic year, was recorded in the name of two brothers Ramanuj and Rama Sankar.

4. Ramanuj Rai has expired on June, 1998. The contesting respondents (sons) applied for mutation of their names in the revenue record then they came to know about a






























































































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