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2018 Supreme(All) 2137

P.K.S.BAGHEL, PRAKASH PADIA
DEVMANI – Appellant
Versus
STATE OF U. P – Respondent


Advocates:
Counsel :
Shailendra Nath Tiwari for the Petitioner; C.S.C., Chandra Bhan Gupta and Sushil Kumar Rao for the Respondents.

JUDGMENT

By the Court.—The petitioner has preferred this writ petition for issuance of a mandamus commanding the second and fifth respondents to ensure the compliance of the order dated 10th April, 2018 passed by the respondent No. 4 Sub Divisional Magistrate Salempur, Tehsil Salempur, District Deoria. The private respondents have been represented by Sri C.V. Gupta, who has put his appearance on behalf of respondent No. 5

2. Briefly stated the facts of the case are that the petitioner claims that she is the owner of the house which is situated in Khata No. 615 having area 0.0340 hectare and she is a co-sharer with the other persons and her family is living in their house peacefully since very long and same is in possession of the petitioner which also covers some part of Khata No. 618 which is a land under Section 6 (2) of the Land Revenue Act, 1901.

3. Her grievance was that respondent Nos. 6 and 7 who are private the respondents raised an objection on 9th April 2018 when the petitioner was carrying out certain construction and repair work of her house. The objection of the private respondents are that the land on which the petitioner is trying to raise construction, is a Banjar la













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