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2020 Supreme(All) 1209

ANJANI KUMAR MISHRA
Baijnath – Appellant
Versus
Commissioner, Varanasi – Respondent


Advocates Appeared:
For the Appellant : Sachichida Nand Singh, Abhai Kumar Singh and Awadhesh Kumar Singh
For the Respondents: C.S.C. and Manoj Kumar Yadav

JUDGMENT :

Anjani Kumar Mishra, J.

1. Heard learned Counsel for the petitioner and Counsel appearing for the Gaon Sabha.

2. The instant writ petition arises out of an application under section 67-A of the U.P. Revenue Code, 2006 filed by the petitioner and seeks a writ of certiorari for quashing the order dated 30.4.2019 passed by the respondent No. 2 and the order dated 22.6.2019, whereby the consequential revision filed by the petitioner has been dismissed affirming the order dated 30.4.2019.

3. The dispute in the writ petition pertains to plot No. 554 area 0.134 hectares situated in village Ataharpar, Pargana and Tehsil Kerakat, District Jaunpur, recorded as banjar in the revenue records.

4. The petitioner filed an application under section 67-A alleging himself to be an eligible person under section 64(1) of the Code and that the plot had not been reserved for any public purpose. The house of the petitioner has been in existence over the said plot from before November 29, 2012. It was prayed the said land therefore, be recorded as abadi.

5. The Sub-Divisional Officer vide order dated 10.4.2019 allowed the application and directed that an area of 0.020 hectares of the aforesaid plot b

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