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2020 Supreme(All) 1114

SALIL KUMAR RAI
Shiv Narain – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : R.K. Mishra, Jai Singh and S.N. Dubey
For the Respondents: C.S.C.

JUDGMENT :

Salil Kumar Rai, J.

1. Heard Counsel for the petitioner as well as the Standing Counsel representing the respondent Nos. 1 to 3.

Despite opportunity having been granted to the Standing Counsel, no counter affidavit has been filed on behalf of the respondents and, therefore, the Court has proceeded to decide the writ petition on the facts stated in and the documents annexed with the writ petition.

2. The facts of the case are that in pursuance to the alleged order dated 26.6.1973 passed by the Consolidation Officer in Case Nos. 1221 to 1232 registered under section 9-A of the Uttar Pradesh Consolidation of Holdings Act, 1953 (in short 'the Act, 1953'), the petitioner was recorded as tenure holder of plot Nos. 1333, 1347, 1362, 1492 and 1493 situated in Village Senpurva Para, District Kanpur Nagar in revenue records relating to the said plots.

3. An enquiry was instituted at the instance of the then Revenue Minister of the State of Uttar Pradesh and relying on the enquiry report, the Sub Divisional Officer vide his order dated 18.9.1972 held that the petitioner was wrongly recorded as the tenure holder of the disputed plots and the parwana (process) issued to record the petitio

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