FAKHRUDDIN AND OTHERS Vs. ADDL.COMMISSIONER (JUDICIAL/FIRST) VARANASI DIVISION AND OTHERS
LAWS(ALL)-2010-10-209
HIGH COURT OF ALLAHABAD
Decided on October 25,2010

FAKHRUDDIN Appellant
VERSUS
Addl.Commissioner (Judicial/First) Varanasi Division Respondents

JUDGEMENT

KRISHNA MURARI,J. - (1.) HEARD learned Counsel for the petitioners.
(2.) IN view of peculiar facts and cir­cumstances and the order proposed to be passed hereunder, no useful purpose would be served by keeping this petition pending and calling for a counter affidavit and the same is being disposed of without putting the respondents No. 4 to 7 to no­tice. However, their rights to seek clarification/variation/modification in the order are being kept reserved.
(3.) FACTS are that proceedings under section 33/39 of U.P. Land Revenue Act were initiated on an application filed by the respondent No. 4 for correction of record as well as complaint made "by respondents No. 5 to 7 on the ground that the petition­ers and certain other persons are wrongly recorded and in unauthorised occupation over the land in dispute over which pond and 'Bhita' vesting in local body. The peti­tioners contested the proceedings on the ground that the land in dispute was given to them prior to Zamindari Abolition Act was enforced by the then Zamindar. The Collector rejected the claim of the petition­ers on the ground that after 8th August, 1946 the Zamindar was left with no right to execute a lease or transfer the land.;


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