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2018 Supreme(All) 1324

SIDDHARTHA VARMA
SUNITA AGARWAL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Nipun Singh for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Siddhartha Varma, J.—Personal affidavit on behalf of respondent No. 3 has been filed today.

2. The petitioner had got agricultural plot No. 4118 declared as non-agricultural on 4.4.2008. Thereafter, the petitioner again applied under Section 82 for the cancellation of the earlier declaration. The application was dismissed on 14.8.2017 saying that the petitioner by getting the declaration cancelled wanted to save stamp duty. It was further observed that the application under Section 82 was not maintainable. The petitioner filed a Revision which was dismissed on 22.12.2017. The instant writ petition was, thereafter, filed.

3. Instructions were called and on 13.8.2018 they were filed by the learned Standing Counsel before the Court. The revenue entries at page 9 of the instructions clearly show that plot No. 4118 was being used for agricultural purposes.

4. Learned counsel for the petitioner submits that since agricultural work was going on as was noted in the Khasras in the revenue records for the land in question there was no difficulty in reversing the declaration dated 4.4.2008. The last entry showing that no agricultural work was going on in all probability was th












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