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2014 Supreme(All) 2867

RAM SURAT RAM (MAURYA)
Munna Lal Mittal – Appellant
Versus
Board of Revenue. – Respondent


Advocates Appeared:
For the Petitioner: K.D. Tripathi
For the Respondent: C.S.C., Satish Mandhyan, B.D. Mandhyan

JUDGMENT

Ram Surat Ram (Maurya), J.: -

1. Heard Sri K.D. Tripathi, for the petitioner and Sri B.D. Mandhyan, Senior Advocate, assisted by Sri Satish Mandhyan, for the contesting respondents.

2. This writ petition has been filed against the orders of Additional Commissioner dated 31.07.2002 allowing the revision of Kishi Utpadan Mandi Samiti, U.P. and setting aside the order of Additional City Magistrate dated 07.09.1998 and Board of Revenue, U.P. dated 10.11.2003, dismissing the revision of the petitioner, arising out of proceedings under Section 33/39 of U.P. Land Revenue Act, 1901 (hereinafter referred to as the Act).

3. The dispute is in respect of plots 133 (area 2-1-0 bigha) and 134 (area 0-13-15 bigha) of village and tahsil Khairagarh, district Agra. Kishi Utpadan Mandi Samiti, U.P. (respondent-3) (hereinafter referred to as the respondent) filed an application (registered as Case No. 2 of 1999) under Section 33/39 of the Act, for recording its name over the land in dispute and deleting the name of the petitioner from it. It was stated by the respondent that the land in dispute was acquired by State of U.P. on the requisition of the respondent under the provisions of Land Acqui









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