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2014 Supreme(All) 2733

RAM SURAT RAM (MAURYA)
Rajesh Kumar Srivastava – Appellant
Versus
Anil Kumar Srivastava – Respondent


Advocates Appeared:
For the Petitioner:- Ch. N.A. Khan
For the Respondent:- C.S.C.,Anil Kumar Aditya,Manoj Kumar Yadav

JUDGMENT

Ram Surat Ram (Maurya),J.

Heard Sri N.A. Khan for the petitioners and Sri Anil Kumar Aditya for the contesting respondents.

2. The writ petition has been filed against the order of Commissioner dated 10.3.2014 passed in the revision arising out of proceeding under Section 34 of U.P. Land Revenue Act, 1901 (hereinafter referred to as " the Act").

3. Rajesh Kumar, petitioner, and the respondents (second set) filed an application under Section 34 of the Act for mutation of their names over the land recorded in the name of Mata Prasad. It has been stated in the application that Mata Prasad left behind his only son Kailash and after the death of Kailash the petitioner, his brothers and their mother inherited the property in dispute. It is alleged that when the contesting respondents put appearance in the application and filed objection, then the application was got dismissed as not pressed by order dated 28.4.2011. Thereafter, behind the back of the contesting respondents another application under Section 34 of the Act was filed which was allowed ex parte by order dated 29.4.2011. On coming to know about the said order, the contesting respondents filed an application for recall of








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