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2023 Supreme(All) 2320

JAYANT BANERJI
Rampati – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Petitioner:Vijay Kumar, Sr. Advocate.
For the Respondent: CSC, Sudhir Bharti.

JUDGMENT

Jayant Banerji, J.

Heard Sri Vijay Kumar, learned counsel for the petitioner. Learned Standing Counsel appears for respondent nos. 1, 2, 3 and 4. The respondent no.5-Gaon Sabha is represented by Sri Sudhir Bharti, learned counsel.

2. This writ petition has been filed with the following prayers:-

    "1. issue a writ or direction in the nature of certiorari quashing the order dated 24.11.2022 passed by Board of Revenue, U.P. at Prayagraj in Revision No. REV/2909/2022/Gorakhpur, Computerized Case No. AL202220531002909 (Ram Pati v. State of U.P. and others) under section 333 of U.P.Z.A. and L.R. Act and also further prayed to dismiss the appeal No. C202205000001486 (Gaon Sabha v. Rampati and others) now pending before the respondent no.2 after remand by the Board of Revenue (Annexure No. 125 and 12 to this writ petition respectively)."

3. It appears from perusal of the writ petition that the petitioner filed a suit under Section 229 -B of the U.P.Z.A. and L.R. Act, 1950 for declaration that he be declared as Bhumidhar with non-transferable right in respect of the property in question which is plot No. 228 area 0.093 hectare claiming that he is a member of scheduled caste. By an or

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