SUKHBIR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) KUNWAR R.C. Singh, learned Counsel for the Petitioner stated that after filing of the affidavit by learned standing counsel on 28.03.2011 pursuant to the order dated 10.03.2011, the point regarding irrigated/unirregated nature of certain plots does not survive.

(3.) AS far as the question of granting benefit to Beer Singh or Dheer Singh on the ground that property in dispute was Seer and Khudkasht, is concerned the said point had already been decided in the earlier judgment passed by this Court, Annexure 1 to the writ petition, hence, it could not be reopened by the appellate court. Moreover, no such argument was raised before the lower appellate court also.