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2022 Supreme(All) 1637

UMESH CHANDRA SHARMA
Soteem And Three Others (all deceased) through legal representatives – Appellant
Versus
Upper Commissioner Judicial IInd Varanasi Division – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Anant Vijay,Anand Kumar,Ashok Kumar Rai,Shyam Sunder Maurya
For the Respondent: C.S.C.,Pramod Kumar Sinha

JUDGMENT :

Umesh Chandra Sharma, J.

1. Heard learned counsel for the petitioners and learned Standing Counsel for the State and perused the record.

2. The petitioners have filed the present writ petition for quashing the impugned orders dated 04.04.2006 passed by the Additional Commissioner (Judicial) II, Varanasi - respondent no. 1 in Revision Nos. 575, 515/355/482/94386 of 1992 District Ghazipur as well as order dated 30.04.1992 passed by Sub Divisional Officer, District- Ghazipur in Case No. 36/31/157 under Section 33/39 U.P. L.R. Act, 1901.

3. The brief facts of the case are that disputed plots nos. are 513, 515 & 518, out of which plot nos. 513 & 518 were recorded in the name of the petitioners from 1360-Fasali in C.H. Form-41, and its old plot nos. were 544 and 533. The petitioners have annexed extract of Khatauni no. 1369- Fasali and C.H. Form 41 dated 21.08.1987 as Annexure No. 1.

4. During the consolidation Proceeding C.H Form No.-45 was prepared, in which petitioner's father was recorded as Sirdar, which is Annexure no. 2. On 15.10.1986 father of the respondent nos. 3 to 6 moved an application under Section 33/39 of U.P. Land Revenue Act, 1901, praying therein for mutation of

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