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2016 Supreme(All) 4017

ANJANI KUMAR MISHRA
Om Prakash – Appellant
Versus
Commissioner, Bareilly Division, Bareilly – Respondent


Advocates Appeared:
For the Petitioner:- Arpit Agarwal, Advocate.
For the Respondent:- C.S.C., Amresh Singh, Advocate.

JUDGMENT

Anjani Kumar Mishra, J. –

Heard learned counsel for the petitioner and Sri Amresh Singh, who has accepted notice on behalf of respondent No.3, Gaon Sabha as also the learned Standing Counsel for the State-respondents.

2. The writ petition arises out of proceedings, under Section 229/429 of the U.P. Zamindari Abolition and Land Reforms Act and seeks quashing of the order dated 30.07.2014 dismissing the application of the petitioner, under Order 7, Rule 11 Code of Civil Procedure as also the revisional order dated 29.12.2015, whereby the order of the Trial Court has been affirmed.

3. The petitioner is a defendant in a suit filed, under Section 229/209 of the U.P. Zamindari Abolition and Land Reforms Act. This suit was filed on behalf of the State of U.P. through Collector, Pilibhit and the Gaon Sabha through, the Chairman of the Land Management Committee of village Deprmoua, Pargana Jahanabad, Tehsil and District Pilibhit seeking a declaration that plot no.258/5 area 0.097 hectare is the property of the plaintiffs and that the defendant is not its bhumidhar.

4. The plaint allegations were that during the consolidation, Plot Nos. 279 and 258-M , area 3.34 acres were recorded under
















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