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2007 Supreme(All) 3130

SHIV CHARAN SHARMA
Mushtaq Ahmad – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Mohd. Arif Khan and R.P. Lal
For the Respondent: K.M. Srivastava, B.K. Singh and Bireshwar Nath

JUDGMENT :

Shiv Charan Sharma, J.

The present writ petition has been instituted under Article 226 of the Constitution of India for issuing a writ in the nature of certiorari quashing the order passed by the opposite party No. 2 on dated 9.4.1992. Prayer has also been made for issuing a writ in the nature of mandamus commanding the opposite party No. 3 not to initiate proceedings u/s 33/39 of the Land Revenue Act. Facts of the case in brief are as follows:

2. The village Pradhan of Lolepur moved an application before the Chief Revenue Officer, Sultanpur on dated 2.4.1992 alleging that the disputed land belongs to Gram Sabha and this land has wrongly been entered in the name of the Petitioner and the same may be expunged. On this application opposite party No. 2 conducted an inquiry in the matter. And as a result of inquiry opposite party No. 2 arrived at the conclusion that fictitious entry has been made in the name of Petitioner from 1384F-1393F on the basis of forged and fraudulent order allegedly passed by the Settlement Officer Consolidation, Sultanpur. The opposite party No. 2 also ordered on 9.4.1992 that action should be taken u/s 33/39 of the Land Revenue Act and Sub-Divisional



























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