VIKAS MOHAN SAXENA Vs. MEMBER BOARD OF REVENUE, U.P.AT ALLAHABAD
LAWS(ALL)-2010-4-285
HIGH COURT OF ALLAHABAD
Decided on April 23,2010

Vikas Mohan Saxena Appellant
VERSUS
Member Board of Revenue, U.P.At Allahabad Respondents

JUDGEMENT

RAKESH SHARMA, J. - (1.) HEARD Sri Shyam Mohan, learned Counsel for the petitioner, learned Standing Counsel appearing for the respondent Nos. 1, 2, 3 and 6. This case was presented on 26.3.2009 and no substantial order has been passed so far. This case has come up for admission today.
(2.) THE petitioner has assailed the or­der dated 30.7.2008 passed by Commis­sioner, Lucknow Division, Lucknow and the orders dated 10.9.2008 and 18.11.2008 passed by the Board of Revenue, Allahabad and submitting that his version was not properly considered by the said authorities. The dispute relates to a plot of land situate in Saleh Nagar, Pargana Bijnore, Tehsil and District Lucknow. As per learned Counsel for the petitioner the plot in dispute was given on lease (patta) to his mother by the erstwhile zamindar of Saleh Nagar, Pargana Bijnore, Tehsil and District Lucknow. The patta was executed on 12.3.1947 in favour of Late Smt. Bhawati Devi Saxena, the mother of the petitioner in respect of plot Nos. 98-Sa/1-10-2. 313M/2-04-5, 255/1-10-2-13, 343/1-5-2-5, 798M/2-5-0-0 and 104/5-5-1-8 of the same village and she remained in possession over the land in dispute throughout.
(3.) THE petitioner sought correction in the revenue entries and a suit for declara­tion under section 229-B of U.P. Zamindari Abolition and Land Reforms Act was filed by the petitioner's mother after completing necessary formalities. The suit was dis­missed on 13th March, 1997 on the ground of maintainability. An appeal No. 230/1996-97 was preferred by the petitioners mother Smt. Bhagwati Devi Saxena which was allowed on 17.5.1997. The order passed by Assistant Sub-Divisional Officer, Lucknow dated 13.3.1997 was set aside. Parvana amaldaramad was issued and the order was incorporated in the Khatauni entry on 1402-1407 Fasli and kisan bahi was also prepared in her favour. Formal order was passed on 2.9.2998. The petitioner was satisfied with this arrangement.;


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