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2012 Supreme(All) 174

PANKAJ MITHAL
BUDDH PAL SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
A.K.S. Bais for the Petitioner; Mahesh Narain Singh, S.C. and C.S.C. for the Respondents.

JUDGMENT

Hon’ble Pankaj Mithal, J.—Heard learned counsel for the petitioner.

2. Petitioner has filed this writ petition challenging the orders dated 17.2.2009, 23.2.2010 and 14.10.2011 and the order dated 27.5.2010 passed in Misc. Case No. 211/2008 under Section 33/39 of the U.P. Land Revenue Act, 1901 (hereinafter referred as Act).

3. One Hridesh Kumar was admitted to the Gaon Sabha land in the year 1994. It is said that with the lapse of time, he was declared Bhumidhar with transferable rights in 2008 subsequent thereto petitioner has purchased the said land from the aforesaid Hridesh Kumar. However, in the meantime, in proceedings under Section 39 of the Act, the name of Hridesh Kumar was directed to be expunged as the allotment made in his favour was found to be fictitious. His recall application was dismissed in default whereupon petitioner’s application for recall was also rejected on 14.10.2011.

4. In sum and substance proceedings of mutation, correction of revenue entries or settlement of disputes as to entries or in annual registers as prescribed under Section 33 of the Act initiated or decided under Section 34/35, 39, 40 and 54 of the Act are all summery in nature subject













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