SHEKH ANEESH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri Sanjay Kumar Pandey, learned counsel for the petitioner and learned Standing Counsel for the State respondent Nos. 1 to 3.

(2.) By means of this writ petition under Article 226 of the Constitution, the petitioner has assailed the order passed by the Tehsildar, Ballia dated 5th December, 2007 and the order of Board of Revenue, U.P, Lucknow dated 10th June, 2010, whereby the order of Tehsildar, Ballia has come to be confirmed.

(3.) It appears that there arose some dispute regarding title and rights of the petitioner in respect of the land of plot No. 227/5 area 0.01 dismal as the name of the petitioner continued to be recorded over the land in question. Besides above there arose earlier also dispute that has been subject matter of civil litigation before civil court between the contesting private parties. The Government seems to have come up forward to file application for mutating its name over an area 0.004 hectares as a land belonging to Public Work Department. The Tehsildar, Ballia, he came to pass a final order on 5th December, 2007, which is reproduced hereunder:-