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2017 Supreme(All) 134

RAJAN ROY
RUDRA MANI SHUKLA – Appellant
Versus
SUBHASH KUMAR – Respondent


Advocates:
Counsel :
Girish Chandra Sinha for the Petitioner; C.S.C., Anit Vishal Srivastav and Ramendra Kumar Misra for the Respondents.

JUDGMENT

Hon’ble Rajan Roy, J.—Heard learned counsel for the parties.

2. This is a writ petition under Article 226 of the Constitution of India challenging the order dated 2.1.2017 passed by the Tehsildar under Section 34 of the Land Revenue Act, 1901. This Court on 6.1.2017 had passed the following order :

“Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State.

One of the questions which falls for consideration is as to whether this writ petition should be entertained directly against an order passed in mutation proceedings under Section 34 of the Land Revenue Act when there is a remedy of appeal under Section 210 and further remedy under Section 219 of the U.P. Land Revenue Act.

In this regard the contention of Shir Girish Chandra Sinha, learned counsel for the petitioner is firstly that the report for mutation was filed based on registered Gift Deed in respect of the land in question said to have been executed by the Bhoomidhar in favour of the opposite party No. 1. After hearing the matter, orders were reserved on the maintainability of objections of the petitioner on 26.12.2016 calling for written arguments from the parties, which





























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