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2015 Supreme(All) 2510

ANJANI KUMAR MISHRA
Surendra Singh – Appellant
Versus
Board of Revenue, U. P. , Agra – Respondent


Advocates Appeared:
For the Appellant : Yogendra Kumar Srivastava
For the Respondents: C.S.C.

JUDGMENT

Anjani Kumar Mishra, J.

1. Heard Shri Y.K. Srivastava, learned Counsel for the petitioner and learned Standing Counsel for the State-respondents. This writ petition arises out of proceedings under section 34 of the U.P. Land Revenue Act and is directed against the order dated 28.2.2014 passed by the Board of Revenue.

2. The dispute in the writ petition relates to land which was recorded in the name of one Gokul. The petitioner is the maternal grandson of Gokul and he claims on the basis of Will alleged to have been executed in his favour by Gokul. On the basis of the said will, the petitioner was mutated over the land in question after the death of Gokul, vide order dated 7.8.2002.

3. A recall application was filed by Smt. Phoolwati, aunt of the petitioner. The recall application was allowed on 31.1.2005. Subsequently on 10.2.2005, an order was passed that the name of the petitioner be expunged and the name of respondent, Phoolwati and her sister Janki Devi (mother of the petitioner) be recorded.

4. Aggrieved by the order, the petitioner preferred a revision No. 151 of 2005 before the Additional Commissioner. This revision was allowed by the Additional Commissioner, Agra, Divis
















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