NARSINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Manendra Nath Rai, learned counsel for the petitioners, Sri Hemant Pandey, learned Standing Counsel for the State and perused the material placed on record.

(2.) By means of the instant petition, the petitioner has assailed the order dtd. 27/1/2006 passed by the respondent No. 2 and the order dtd. 30/11/2007 passed by the respondent No. 4.

(3.) Contention of the learned counsel for the petitioner is that, initially the petitioner purchased the land in question by way of registered sale-deed, which thereafter was recorded in the name of the petitioner vide order dtd. 17/1/2001 passed by Tehsildar, Dhorara in Case No. 428 of 2001. He submits that a stranger challenged the aforesaid order dtd. 17/1/2001 before the Special Divisional Officer byway of instituting an appeal which was decided by the order dtd. 29/3/2001 and the order passed by the Tehsildar dtd. 17/1/2001 was set aside and the matter was referred for further proceeding, invoking the powers under Sec. 167 of the UP Zamindari Abolition and Land Reforms Act, 1950 (hereinafter as 'the Act, 1950'). The petitioner moved a revision bearing No. 1794 of 2001-2002 under Sec. 219 of the Land Revenue Act, which was dismissed by the Revision Court while upholding the order passed by the Appellate Court and it was again held that the court below will proceed as per the provision of Sec. 167 of the Act, 1950.