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2016 Supreme(All) 3553

ANJANI KUMAR MISHRA
Kallu Khan – Appellant
Versus
Commissioner Chitrakoot Dham Division Banda – Respondent


Advocates Appeared:
For the Petitioner:- Ram Kishore Pandey, Advocate.
For the Respondent:- C.S.C., Anuj Kumar, Advocate.

JUDGMENT

Anjani Kumar Mishra, J. –

Heard Sri Ram Kishore Pandey, learned counsel for the petitioners, Sri Anuj Kumar for the respondent no.4, Gaon Sabha and learned Standing Counsel for the State-respondents.

2. This writ petition has been filed seeking a writ of certiorari for quashing the orders dated 29.03.2016 and 19.05.2016 passed by the respondent nos.2 and 1 respectively.

3. It appears that the father of the petitioners filed a suit No.9 of 2009-10 under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act seeking a declaration regarding plot no.2992/2 area 3 bigha situated in village Ladaka Purwa, Pargana and District Banda. This plot was recorded in the revenue records as Bihad. It was the plaint case that the land in suit was sirdar land of the plaintiff, but due to a mistake, the same was recorded as 'bihad' in 1384 Fasali and therefore the suit.

4. It appears that the Trial Court vide judgment and order dated 05.04.2010 decreed the suit holding the plaintiff to be bhumidhar thereof.

5. It is alleged that the original plaintiff died and thereafter his heirs, the petitioners were mutated over the plot in question in the year 2010 itself.

6. On 28.03.2016, an applic



















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