LAWS(ALL)-2010-8-102

GURU NAM SINGH Vs. ADDL COMMISSIONER

Decided On August 06, 2010
GURU NAM SINGH Appellant
V/S
ADDL. COMMISSIONER (J) Respondents

JUDGEMENT

(1.) Heard Sri Pramod Kumar Sinha learned Counsel for the petitioners and learned Standing Counsel who appears on behalf of the respondents.

(2.) The petitioners are aggrieved by the order dated 15.7.2005 passed by the Additional Commissioner (Judicial), Moradabad Division, Moradabad (annexure 5 to the writ petition) whereby the Revision No. 1 of 2003/04 under Section 333 of U.P.Z.A. & L.R. Act Guru Nam Singh and Ors. v. Lukhvendra and Ors. has been dismissed as also against the order dated 15.1.2002 passed by the Sub Divisional Magistrate, Swar, District Rampur (annexure 4 to the writ petition) whereby in pursuance of the preliminary decree dated 19.4.1973 Kurra of the parties have been defined after accepting the report of the Lekhpal on which no objections were filed by any of the parties to that decree.

(3.) Sri Pramod Kumar Sinha learned Counsel for the petitioner has submitted that the revisional court has illegally dismissed the revision of the petitioners for the reason that no notice was required to be given to the petitioners at the time when the Kurras were made out and as such the finding recorded contrary thereto is required to be set aside.