Mazar Sharif Baba vs State of U. P. - 2023 Supreme(All) 2740

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2740

SHREE PRAKASH SINGH
Mazar Sharif Baba – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Petitioners:Dharm Raj Mishra, Ratnesh Singh Advocates.
For the Respondents: C.S.C.

Table of Content
1. challenge to earlier orders under u.p. land revenue act. (Para 1)
2. order under u.p. land revenue act challenged. (Para 2)
3. arguments presented by petitioners and state. (Para 3 , 4)
4. court analysis of relevant legal provisions. (Para 5 , 6 , 7 , 8)
5. orders set aside, matter remitted for fresh decision. (Para 9 , 10)
6. court allows petition without merit determination. (Para 11 , 12)

JUDGMENT

Shree Prakash Singh, J.

Heard Shri Dharm Raj Mishra, learned counsel for the petitioners, Shri Hemant Pandey, learned Standing Counsel for the State and perused the material placed on record.

2. By means of the instant petition, the petitioners have assailed the order dated 03.11.2023 and the order dated 19.05.2018 passed by the respondent nos.1 and 2 respectively.

3. Contention of the learned counsel for the petitioners is that initially an order was passed on an application under Section 33 /39 of U.P. Land Revenue Act, 1901 (hereinafter referred to as "Act, 1901") thereafter, the recall application was moved by the SHO, Sadullah Nagar and that was heard and the order was passed on 19.05.2018, whereas the learned court below recalled the order dated 27.06.2013 and consign