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2018 Supreme(All) 152

SALIL KUMAR RAI
GANESH CHANDRA TIWARI – Appellant
Versus
D. D. C. , ALLD. – Respondent


Advocates Appeared:
Pranav Ojha and V.D. Ojha for the Petitioner; C.S.C., Ashwani Mishra and G.B. Tripathi for the Respondents.

JUDGMENT

Hon’ble Salil Kumar Rai, J.—Case has been called out in the revised list.

2. Heard counsel for the petitioner and Standing Counsel representing respondent Nos. 1 to 3.

3. Supplementary-affidavit filed by the petitioner is taken on record.

4. The present writ petition has been filed praying for writ of certiorari quashing the orders dated 30.12.2000, 28.12.1999 and 18.2.1995 passed by respondent Nos. 1, 2 and 3, respectively.

5. The dispute between the petitioner and respondent No. 4 relates to plot No. 445 (area 2 bigha and 10 dhur) in Khata No. 136 situated in village Basahi, Tehsil Karchhana, District Allahabad.

6. The contention of petitioner in the writ petition is that on 1.8.1983, respondent No. 4 mortgaged the disputed plot in favour of the petitioner as a security for Rs. 20,000/- advanced by the petitioner to respondent No. 4 and transferred possession of the disputed plot to the petitioner. The petitioner contends that by virtue of Section 164 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act 1950, the said transfer shall be deemed to be a sale and the petitioner became bhumidhar of the same entitling him to get his name recorded in the revenue records













































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