SARMANO Vs. GANGA SINGH

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution, the petitioner has challenged the order dated 22.11.2004 (Annexure P/6) passed by the Board of Revenue. Brief facts necessary for deciding this matter are as under:-

(2.) SHRI D.S.Chouhan, learned counsel for the petitioner, by filing written arguments and oral submissions submits that the finding of the Board of Revenue is incorrect because the statement of Ganga Singh was recorded by ASO and there was no justification in not relying or accepting the same. It is further submitted that once by way of statement right was given up, the respondents cannot turn around and pray for the same. It is stated that Board of Revenue has not considered the letter of Collector Stamps (Annexure P/5) which shows that respondent Ganga Singh wanted to purchase the land and for that he even purchased the stamps but lateron requested before the Collector of Stamps for refund of value of the stamps. This letter shows that Ganga Singh admitted the ownership of the petitioner but lateron with malicious intention filed the revision.

(3.) I have heard learned counsel for the parties and perused the record.