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2015 Supreme(All) 2509

ANJANI KUMAR MISHRA
Sushila – Appellant
Versus
Additional Commissioner, Azamgarh – Respondent


Advocates Appeared:
For the Appellant : Manish Dev Singh
For the Respondents: C.S.C. and Om Prakash Tripathi

JUDGMENT

Anjani Kumar Mishra, J.

1. Heard Sri Manish Dev Singh learned Counsel for the petitioner and Sri Rajesh Kumar holding brief of Sri Om Prakash Tripathi learned Counsel for the respondents. This petition has been filed challenging the orders dated 27.8.2014 passed by the respondent No. 1, the Additional Commissioner (Administration), Azamgarh in Revision No. 642/735/A of 2013 affirming the order dated 24.1.2013 passed by the Deputy Collector, Sadar, Azamgarh directing Amaldaramad on the basis of a final order passed in proceedings under section 229-B of the U.P. Zamindari Abolition and Land Reforms Act.

2. The facts of the case are that one Ram Sagar Singh father and predecessor in interest of respondents No. 13 to 15, filed a suit against one Ahmad Raza and others for declaration regarding fourteen plots having an area 3.256 hectare which was numbered as Suit No. 141 of 1964. This suit was decreed ex-parte and the ex-parte decree was duly recorded in the revenue records.

3. Ahmad Raza filed a restoration application which was allowed on 23.7.1966 and the suit was restored to its original number. Subsequently, one of the defendants Mumtaz Raza died. Since no substitution applica













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