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CHANDRA KUMAR RAI
Iqbal Ahmad – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Chandra Kumar Rai, J.
Heard Ms. Shreya Gupta, learned counsel for the petitioners, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents, Mr Arohi Bhalla and Mr. Shivam Yadav, counsel for respondent no. 27 and Mr. Kunal Ravi Singh, counsel for respondent nos. 5 to 26.
2. Brief facts of the case are that petitioners along with others namely, Anwar Ahmad, Abrar Ali and Smt. Tamizan are co-sharer in the land in question i.e. Khasra No. 33 & 46. Prior to the initiation of the proceeding under Section 24 of the Uttar Pradesh Revenue Code, 2006, Anwar Ahmad and four others including petitioners filed a suit for partition under Section 176 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act for Khasra No. 33 along-with other khasra numbers, the aforesaid suit was numbered as Suit No. 20 of 1998-99. In the aforementioned partition suit, parties to the suit are co-sharer of various khata and plot numbers. The aforementioned partition suit was decreed vide judgment and decree dated 16.08.2003 whereby a decree for partition was issued in respect of Khata Nos. 30, 31 & 32 and Khasra No. 33 & 46 are part of Khata No. 32. Against the judgment
The court upheld the finality of the land partition decree, confirming that all procedural safeguards were adhered to in preparing and confirming the Kurra, thus denying the petitioners' claims again....
The court established that restoration proceedings under the U.P. Land Revenue Act, 1901 are valid despite the enactment of the U.P. Revenue Code, 2006, emphasizing jurisdictional competence and subs....
The central legal point established in the judgment is the requirement to adhere to the principles of Rule 109 of U.P. Revenue Code Rules 2016 in the preparation of kurra, and the necessity to consid....
A partition suit under Section 116 of the U.P. Revenue Code is not maintainable if the petitioner is the sole recorded owner of the land.
The court reiterated that admissions in a written statement regarding property transactions create binding effects on claims of ownership, thereby restricting contesting rights based on previously es....
The Deputy Director of Consolidation's remand for a fresh hearing was justified to ensure fairness, given the significant delay and procedural irregularities in prior decisions.
The preliminary decree under the U.P. Revenue Code is a final order determining the rights of parties, making it appealable despite being labeled interlocutory.
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