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2017 Supreme(All) 660

SUNEET KUMAR
SHIV MURAT – Appellant
Versus
BOARD OF REVENUE, U. P. AT ALLAHABAD – Respondent


Advocates:
Counsel :
Om Prakash Pandey and Kailash Nath for the Petitioner; C.S.C. and Ramesh Chandra Upadhyay for the Respondents.

JUDGMENT

Hon’ble Suneet Kumar, J.—Heard learned counsel for the parties.

By means of the instant petition, petitioner is assailing the order dated 13 February 2017 passed by the first respondent, Board of Revenue U.P. at Allahabad in Revision No. 1694 of 2015 (Shiv Murat v. State of U.P. and others) arising from proceedings under Section 161 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act 1950 (Act).

2. Petitioner is Bhumidhar of plot No. 1112/1260 ad-measuring 0.0460 hectare who applied for exchange of the land under Section 161 of the Act with plot No. 100 ad-measuring 0.087 hectare recorded USAR, vesting in the Gaon Sabha of Village Virbhanpur, Pargana Bela Daulatabad, Tehsil Mehnagar, District Azamgarh. The Assistant Collector on receiving the application, after obtaining report from the Halka Lekhpal, the Revenue Inspector and on the recommendation of the Tehsildar, passed an order on 29 May 2012 approving exchange of the plots. Aggrieved, the District Government Counsel (DGC) preferred a revision on behalf of the State before the Commissioner, Azamgarh Division, Azamgarh which was allowed on 15 May 2016. Aggrieved, petitioner went in revision before the Board of































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