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2020 Supreme(All) 1423

ANJANI KUMAR MISHRA
Hanumat Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Kshitij Shailendra, Rahul Kumar Tiwari
For the Respondent: CSC, Shri Krishna Mishra, Sunil Kumar Singh

JUDGMENT :

1. Heard Shri Kshitij Shailendra, learned counsel for the petitioners, Shri Sunil Kumar Singh, learned counsel for the Gaon Sabha, learned Standing Counsel for the State-respondents and Shri S.K. Mishra, learned counsel for the private respondents.

2. The writ petition arises out of a declaratory suit filed by the respondents seeking to be declared the bhumidhars of plot nos. 276, 292, 294, 295, 296, 298, 299 and 308 situated in Village Rakshpalpur, Pargana Ekhla, Tehsil Khaga, District Fatehpur. The trial court dismissed the suit on 14.11.2018.

3. Against this order, the plaintiff-respondents preferred a revision before the Board of Revenue, which has been allowed. The judgment and decree of the trial court has been set-aside and the suit has been decreed finding the claim in the suit to be proved.

4. A short counter affidavit was filed by Shri S.K. Mishra, learned counsel for the respondents. He had also made a statement that he did not propose to file any other document or detailed counter affidavit in the matter. Even, Shri Kshitij Shailendra stated that he did not propose to file any reply to the short counter affidavit.

5. Accordingly, the matter is being heard finally

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