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2024 Supreme(All) 2287

RAJEEV MISRA
Umesh Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Jai Prakash Singh, Rajesh Kumar Singh
For the Respondent: CSC, Dharmaveer Singh

JUDGMENT :

Rajeev Misra, J.

1. Heard Mr. Rajesh Kumar Singh, the learned counsel for petitioner, the learned Standing Counsel representing respondents 1, 2, 3 and Mr. D.S. Pandey, the learned counsel representing respondent 4 .

2. Perused the record.

3. Challenge in this writ petition is to the order dated 30.12.2020 passed by respondent 3 Tehsildar/Assistant Collector Ist Class, Tehsil Sadar, District Mau in Case No. 02973 of 2020 (Report Vs. Umesh Singh) under Section 67 of U.P. Revenue Code 2006 (Annexure 2 to the writ petition) and the order dated 31.10.2023 passed by respondent Collector/District Magistrate, Mau in Appeal No. 35 of 2023 (Umesh Singh Tehsildar), under Section 67 (5) of U.P. Revenue Code, 2006 (Annexure 1 to the writ petition).

4. Record shows that the Halka Lekhpal submitted his report dated 2.3.2020 (R.C. Form 19) alleging therein that petitioner is in illegal possession and occupation over Survey Plot No. 1 area 0.023 hectare which is recorded as a nala in the revenue record. After submission of aforesaid report, proceedings under Section 67 of the U.P. Revenue Code 2006 came to be registered against petitioner by way of Case No. 2973 of 2020 (Report Lekhpal Vs. U

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