CHITRAGUPT Vs. STATE OF U P AND 5 OTHERS
LAWS(ALL)-2018-9-219
HIGH COURT OF ALLAHABAD (AT: ALLAHABAD)
Decided on September 18,2018

Chitragupt Appellant
VERSUS
State Of U P And 5 Others Respondents

JUDGEMENT

RAJIV JOSHI, J. - (1.) Heard learned counsel for the petitioner and Sri Gaurav Sharma, Advocate on behalf respondent no. 6 as well as learned Standing counsel for the State.
(2.) This writ petition has been filed for quashing the order dated 15.5.2018 passed by the Board of Revenue in Case No. R.E.V./1761/2014/Hathras under Section 219 of U.P. Land Revenue Act, 1901 and the order dated 23.4.2014 passed by Additional Commissioner (Administration) Aligarh Division, Aligarh in Appeal/Revision No. 190/C-2013180000918 under Section 210 of U.P. Land Revenue Act 1901 (hereinafter referred to as the 'Act').
(3.) The facts as reflect from the record that on the basis of unregistered will deed dated 20.3.1992, the petitioner initiated the proceedings under Section 34 of the Act which was allowed by the Naib-Tehsildar vide order dated 11.9.2008. Subsequently, a recall application was filed by the respondent no. 6 which was allowed vide order dated 22.6.2013 and name of respondent no. 6 was mutated in the revenue record on the basis of succession. Against the said order, petitioner filed a recall application before the Sub-Divisional Officer, which was allowed vide order dated 17.10.2013, the order of the Sub-Divisional Officer was challenged in revision before the Additional Commissioner,(Administration) Aligarh Division, Aligarh which was allowed vide order dated 23.4.2014, whereby the order of Sub-Divisional Officer was set aside and the order of Tehsildar dated 22.6.2013 was maintained. Against that order the revision was filed by the petitioner before the Board of Revenue which was dismissed vide impugned order dated 15.5.2018, both the orders passed by the revisional authorities, i.e. Additional Commissioner as well as Board of Revenue are impugned in the writ petition.;


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