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2021 Supreme(All) 252

SANGEETA CHANDRA
Amarjeet – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Revenue Lko. – Respondent


Advocates Appeared:
For the Petitioner: Sunendra Kumar
For the Respondent: C.S.C.

JUDGMENT :

Sangeeta Chandra, J.

1. By means of the present writ petition the petitioner seeks a writ in the nature of Certiorari quashing the order dated 21.01.2021 passed by the Additional Commissioner (Judicial), Lucknow Division, Lucknow in Appeal No. 01741 of 2020 Amrik Singh and others vs. Amarjeet Singh and others. The petitioner is a tenure holder of Gata no. 48/2, ad-measuring 1.207 ha situated at village Bahadur Nagar, Pargana Aurangabad, Tehsil Mithauli, District Lakhimpur Kheri and on 19.11.2020, the petitioner had filed an application for division of holdings under Section 116 of the U.P. Revenue Code 2006 before the Sub-Divisional Magistrate Mithauli Kheri, which was registered as Case No.04112 of 2002: Amarjeet and others versus Subash Chander and others. On 23.12.2020, the Sub-Divisional Magistrate Mithauli, Kheri, had passed a preliminary decree about the shares of the tenure holders relying upon the revenue records.

2. The preliminary decree dated 23.12.2020 was challenged by Amrik Singh and others by filing a First Appeal under Section 207 of the U.P. Revenue Code 2006 (hereinafter referred to as “the Code of 2006”) which was registered as Appeal No.01741 of 2020. Th

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