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2017 Supreme(All) 1640

ANJANI KUMAR MISHRA
Yaad Ram – Appellant
Versus
Board of Revenue – Respondent


Advocates Appeared:
For the Petitioner:- Manish Goyal,Bimal Prasad
For the Respondent:- C.S.C.,Ashish Kumar Srivastava,D.V. Jaiswal,Harsh Vikram

JUDGMENT

Anjani Kumar Mishra, J.

Heard Shri Bimal Prasad, learned counsel for the petitioner, Shri Harsh Vikram for the contesting respondents and learned Standing Counsel for the State-respondents.

2. The instant writ petition arises out of proceedings under Section 198(4) of the U.P. Zamindari Abolition and Land Reforms Act and seeks quashing of the order dated 08.10.2013 passed by the Board of Revenue dismissing two substitution applications filed to bring on record the heirs of the deceased, opposite parties in a reference, as highly barred by time.

3. By this order, a restoration application filed by the revisionist for setting aside an order, dismissing the reference in default, has also been dismissed.

4. The facts of the case briefly stated are that the petitioner claims to be allottees of the Gaon Sabha. The allotment made in his favour was an asami lease made sometime in the year 1966-67. It appears that in the year 1976 this same land was allotted to the contesting respondents for agricultural purposes.

5. On 23.08.1978, the petitioner applied for cancellation of the lease granted in favour of the contesting respondents on the ground that the land leased to the respondent
























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