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2019 Supreme(All) 1917

J.J.MUNIR
Pappu Alias Praveen Kumar – Appellant
Versus
Board of Revenue – Respondent


Advocates Appeared:
For the Petitioner:Rahul Kumar Singh, Narayan Dutt Shukla, R. C. Singh, Sr. Advocate, Sri R.C. Singh, Senior Advocate
For the Respondent: C.S.C.,Vishal Khandelwal

JUDGMENT :

1. The petitioners have called in question an order of the Board of Revenue, U.P. at Lucknow, dated 12.06.2019, passed in Revision No.2204 of 2017/Mathura Computerized No.R20170150002204 Bihari Lal Vs. Pappu, purportedly in exercise of powers under Section 219 of the Land Revenue Act, 1901 (for short 'the Act'). It is stated at the outset by learned counsel appearing for respondent No.2, Bihari Lal that this Revision in fact, invokes the powers of the Board under Section 210 of the U.P. Revenue Code, 2006, (for short 'the Code') and that the powers exercised while passing the order impugned is referable to the aforesaid provision and not Section 219 of the Act.

2. The dispute in this petition arises out of proceedings for mutation under Section 49 of the Code brought by the second respondent, who laid claim to a certain agricultural property comprised of Khata No.68, Khasra No.116, admeasuring 0.223 hectares, situate in Village Mauza Abdul Nabipur Khaadar, Tehsil Maant, District Mathura on the basis of a registered Will dated 28.09.1984, claimed to be executed in his

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