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2019 Supreme(All) 941

SARAL SRIVASTAVA
Sushil Kumar Jain – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
Ashish Kumar Singh, Adv., Rahul Jain, Adv.

JUDGMENT :

Saral Srivastava, J.

Heard learned counsel for the parties.

2. The issue involved in the bunch of petition is as to whether a stranger or third party can be said to be an aggrieved person by an order passed by competent authority in a proceeding under Section 47-A of the Indian Stamp Act, 1899 (hereinafter referred to as 'Act, 1899') and has locus- standi to maintain an application under Section 57 of the Act, 1899 in the context of word 'otherwise coming to its notice' used in Section 57 (1) of the Act, 1899, and on such an application being filed, whether the Chief Controlling Revenue Authority is under obligation to make reference to the High Court.

3. For the convenience, the facts are delineated from Writ - C No. 16942 of 2019.

4. The case of the petitioner is that he is the owner and in possession of Khasra No.2765 (1 bigha 3 biswa), 2767 (6 bigha 1 biswa and 1 kothi), 2768 (3 biswa), 2769 (4 biswa), 2770 (3 bigha 5 biswa) in total 10 bigha and 17 biswa or 27439.65 square meters of land. One Mr. Deep Chand Jain, Vijai Kumar Jain (S/o Deep Chand Jain), Gopi Chand Jain and Akshay Kumar Jain (S/o Gopi Chand Jain) also had share in the aforesaid khasra. According to the pet

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