ISHU Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition arises out of the proceedings under Section 33/39 of the U.P. Land Revenue Act. It would transpire from the record that a minor dispute relating to correction/mutation in the revenue record, escalated in proceedings which travelled upto the stage of Commissioner and resulted in passing of the orders impugned in this petition including the orders passed by appellate as well as revisional authorities. The main plank of the grievance of the petitioner is that the authorities have not appraised the evidence and consequently merits of the case in its proper perspective.

(2.) I have heard learned Counsel for the petitioner and also the learned Counsel representing the opp. parties. Since elaborate arguments have been canvassed at the very threshold, I feel that the petition should be decided in limine.

(3.) SECTION 40 -A of the U.P. Land Revenue Act may also be referred to bolster up the aforestated view. For convenience sake Section 40 -A is abstracted below: