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2015 Supreme(All) 3453

ANJANI KUMAR MISHRA
Babu Ram – Appellant
Versus
D. D. C. – Respondent


Advocates Appeared:
For the Petitioner: S.N. Mishra
For the Respondent: S.C.,Kamlesh Chandra,M.D.Mishra,Ramesh Chanda,Salil Kumar Rai

JUDGMENT

Anjani Kumar Mishra, J.

Heard Shri S.N. Mishra, learned counsel for the petitioners.

2. The case was taken up in the revised list, but none has appeared on behalf of the respondents.

3. The dispute in the writ petition pertains to the land of khata no. 150 situated in village Itai Khujari, Tappa Puraina, Pargana Amodha, Tehsil Haraiya, District Basti.

4. In the basic year record, this land was entered as sirdari of respondent no. 3, Bhagwati, since deceased and represented his heirs. The case of the petitioners in the objection was that the land in dispute was their sirdari land and they were recorded in the main column as chief tenants. Their names were surreptitiously and fraudulently scored out and the name of the Bhagwati was entered without following the prescribed procedure under the Land Record Manual. They also claimed that they inherited this land from their grandfather, as daughter's son and have been in cultivatory possession ever since.

5. The respondent contested the objection on the ground that the plot in dispute was lying vacant before the abolition of zamindari and he cultivated the same and has been paying its rent and has been in possession ever since.

6.
















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