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2024 Supreme(All) 179

CHANDRA KUMAR RAI
Zakir Hasan – Appellant
Versus
Board Of Revenue U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Dr. Madhu Tandon, Ajit Kumar, G.N. Verma, Neeraj Srivastava
For the Respondent: C.K.Parekh, C.S.Singh, Mukhtar Alam, Vivek Mishra

JUDGMENT :

1. Heard Mr. Mohit Kumar holding the brief of Mr. Ajit Kumar, learned counsel for the petitioners, Mr. Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel for the State-respondents and Mr. Vivek Mishra, learned counsel appearing for respondent no.2-Nagar Palika Parishad now Nagar Nigam Saharanpur.

2. Brief facts of the case are that petitioners' father Tahir Hasan was the Zamindar of the plot situated in Khewat No.6/1 and 6/2 Mahalgar Daiyan, Village-Khan Alampura, Pergana, Tehsil and District Saharanpur. The aforementioned plots were situated initially under Nagar Palika Parisahd Saharanpur now Nagar Nigam Saharanpur. In the khatauni of 1371 fasli (1963-64) the plots were recorded as khudcast of petitioners' father Tahir Hasan and entry continued till the death of Tahir Hasan which took place on 15.12.1977. Petitioners being son of Tahir Hasan (recorded tenure holder) applied for mutation and Tehsildar passed an order for mutation on 19.9.1981 for recording the names of petitioners in the place of deceased Tahir Hasan. Against the order of mutation dated 19.9.1981 Nagar Palika Parisahd Saharanpur filed a restoration application which was allowed on 13.6.1984 an

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