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2025 DAILYLAW 188371 (ALL)

SHAKYA PRABHA TALKIES v. State of UP AND 3 OTHERS

WRIC/29959/2024 · 2025-02-13

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Judgment text

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Neutral Citation No. - 2025:AHC:21523 Court No. - 37 Case :- WRIT - C No. - 29959 of 2024 Petitioner :- Shakya Prabha Talkies Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ram Badan Maurya Counsel for Respondent :- C.S.C. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents. 2. In substance the prayer made is with regard to correction in revenue record. 3. It stands borne out from the record that pursuant to a sale deed, name of the petitioner was recorded in the revenue record. However, the entry was expunged in the appeal preferred by some private person. The said appellate order was set aside by the Additional Commissioner, Agra Division, Agra on 02.12.1997 against which the aggrieved parties approached the Board of Revenue by filing a revision, which has been dismissed on 18.08.2021 for want of prosecution. 4. Although learned counsel for the petitioner submits that the order of Board of Revenue has not been recalled so far and no recall application has been filed and, therefore, the order dated 02.12.1997 should be given effect to in the revenue record, considering the fact that private persons, who approached the Board of Revenue, have not been impleaded as parties to this writ petition and any order passed by this Court may affect their rights in either way, the instant petition requires disposal with certain observations. 5. The writ petition is disposed of with the following directions:- (a) The petitioner shall file a true attested copy of this order before the Sub Divisional Officer concerned along with array of revisionists, who has preferred revision before the Board of Revenue, namely, Chandresh, Jitendra and Smt. Resham Devi disclosing their full particulars and current address, within two weeks from today. (b) The Sub Divisional Officer shall issue notice to the said persons requiring their presence within next one month. (c) The application dated 15.07.2023/18.04.2024 filed by the petitioner shall be decided by the Sub Divisional Officer after providing full opportunity to both sides within next two months. (d) For the convenience sake of hearing, the petitioner is directed to file a fresh application annexing all particular with all the orders and revenue entries before the Sub Divisional Officer along with this order. Order Date :- 14.2.2025 Pkb/ Digitally signed by :- PRAMOD KUMAR BAJPAI High Court of Judicature at Allahabad