SHYAM SUNDAR SINGH Vs. STATE OF U.P. THRU. SECRETARY MIN. OF REVENUE AND ORS.
LAWS(ALL)-2010-11-308
HIGH COURT OF ALLAHABAD
Decided on November 24,2010

Shyam Sundar Singh Appellant
VERSUS
State of U.P. thru. Secretary Min. of Revenue and Ors. Respondents

JUDGEMENT

Sanjay Misra, J. - (1.) Heard Sri O.P. Singh, learned Counsel for the petitioner, learned Standing Counsel for the State respondent, Shri Mahesh Narain Singh, learned Counsel for the respondent No. 3 and Shir S.K. Pandey, learned Counsel for the respondent No. 4.
(2.) The petitioner is aggrieved by the order dated 17.08.2010 passed by the Additional Commissioner -Ist, Azamgarh Region Azamgarh.
(3.) Learned Counsel for the petitioner has submitted that in accordance with the proposal dated 06.06.2005 plot No. 153 was found to be recorded as Banjar land having an area of 0.21 Hect. and an old path way existed there upon, hence the recommendation was for entering it, as such, in the revenue record. The petitioner appears to have filed restoration application before the Sub -Divisional Officer which was allowed by the order dated 18.05.2008 on the ground that the proposal and its approval dated 06.05.2008/09.05.2008 respectively were violative of principles of natural justice. The State and respondent No. 4 filed a revision No. 168/229/A under Sec. 333 of the U.P.Z.A. & L.R. Act against the order dated 18.05.2009 passed by the Sub Divisional Officer and the revisional court has allowed the revision by its judgment and order dated 17.08.2010, set -aside the order dated 18.05.2009 of the Sub Divisional Officer rejected the restoration application of the petitioner and has allowed the revision.;


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