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2019 Supreme(All) 2157

RAJIV JOSHI
Lalloo – Appellant
Versus
Board of Revenue – Respondent


Advocates Appeared:
For the Appellant : Ashutosh Srivastava and Prashant Kumar Tripathi
For the Respondent: C.S.C., A.L. Nigam, Anuj Kumar, N.B. Nigam, N.K. Baranwal, Rajesh Kumar, Rajesh Kumar Dwivedi, Shivajee Srivastava and V.K. Baranwal

ORDER :

Rajiv Joshi, J.

1. The present writ petition under Article 226 of the Constitution has been filed by the plaintiffs-petitioners challenging the validity of the order dated 16.4.2004 passed by the Board of Revenue U.P. At Allahabad in Second Appeal No. 06 of 2002-2003 (Dashrath & Ors. Vs. Panna Lal & Ors) whereby the second appeal filed by respondent nos. 7 to 11 was allowed and the judgment and decree dated 7.6.2003 passed by the Commissioner, Vindhyachal Division Mirzapur as well as order dated 22.10.2002 passed by the Assistant Collector /Upziladhikari, Gyanpur, Badohi were set aside.

2. The relevant facts for consideration in the present case are; that plot no. 47 having area of 2 bighas situate in Village Bhatpura, Tehsil Aurai, District- Sant Ravidan Nagar is the disputed land and said land is also part of Khata No. 40.

3. The mother of the plaintiffs-petitioners namely Smt. Kalawati Devi and defendant -respondent no. 12 Panna Lal s/o Lalloo Yadav executed a registered sale-deed dated 10.7.1970 in favour of Ram Pyare Singh (father of respondent nos. 2 to 5) and Lal Pratap Singh, (father of defendant respondent no. 6). On the strength of said sale- deed, the names of Ram Py

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