LAWS(ALL)-2023-2-137

RIPUNJAY RAI Vs. STATE OF U. P.

Decided On February 22, 2023
Ripunjay Rai Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Sri Sanjeev Kumar Rai, learned counsel for the petitioner, learned Standing Counsel for the State-respondent Nos.1 to 3, Sri Vijay Bhan Singh, learned counsel holding brief of Sri R.P. Shukla, learned counsel for the respondent no.4 and Sri Ashok Kumar Maurya, learned counsel for the respondent no.5.

(2.) The present petition has been instituted for challenging the orders dtd. 29/7/2017 and 10/2/2021 passed by the respondent nos.3 and 2 respectively during the proceedings initiated under Sec. 33/39 of the U.P. Land Revenue Act, 1901 and revision under Sec. 219 of U.P. Land Revenue Act, 1901.

(3.) The motion has been initiated over the complaint as preferred by the respondent no.5 for seeking expungement of the name of the petitioner from the revenue records on the basis of record of rights wherein the pond has been mentioned against old Plot No.293, situated at Village Banahra, Pargana Sikandarpur, District Ballia and after receiving the report dtd. 20/5/2014 from the concerned Revenue Inspector along with legal opinion of the District Government Counsel (Revenue), notices have been issued to the petitioner for calling his objection/reply for substantiating his rights over the Plot No.293 which has been subsequently numbered as Plot No.117 situated in the same village. In response to the call of the respondent no.3, a detailed objection was preferred by the petitioner on dtd. 10/9/2014, wherein specific stand taken up that the Plot No.116-117 has recorded in 1356, 1359, 1360 F against the name of predecessors of the petitioners and now he is well occupant of the same and extract of the records of right have been appended along with the petition as Annexure-1.