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2012 Supreme(All) 1140

SUNITA AGARWAL
SURJI DEVI – Appellant
Versus
ADDITIONAL COMMISSIONER – Respondent


Advocates:
Counsel :
Govind Krishna and Sudhakar Pandey for the Petitioner; S. Pratap, S.P. Singh, Dilip Kumar Upadhyay, M.P. Sinha and C.S.C. for the Respondents.

JUDGMENT

Hon’ble Mrs. Sunita Agarwal, J.—Heard Sri Govind Krishna, learned counsel for the petitioner, learned Standing Counsel appearing on behalf of respondent Nos. 1 and 2 and Sri M.P. Sinha, learned counsel appearing for respondent Nos. 3 to 5.

2. Present petition arises out of proceedings initiated under Section 28 of the Land Revenue Act read with Section 27(3) of the U.P. Consolidation of Holdings Act, 1963. The application moved by the petitioner was rejected by the order dated 15.6.2002 passed by the Additional District Magistrate (Finance & Revenue), Ballia i.e. respondent No. 2. The petitioner preferred a revision under Section 219 of the U.P. Land Revenue Act, 1901 (hereinafter referred as ‘LR Act’) which was rejected by the Additional Commissioner (Ist) Azamgarh Division, Azamgarh vide order dated 31.3.2004.

3. The case of the petitioner is that an application dated 3.2.1999 was moved by her under Section 28 of the LR ACT and Section 27(3) of the U.P. Consolidation of Holdings Act, 1963(hereinafter referred as ‘CH Act’). The claim of the petitioner was that plot No. 325/1 area 0.9 Decimal and 326 area 0.03 Decimal situate in Pindhara, Post Bansdih, District Ballia has b


































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