MOHD. ISMAIL Vs. STATE OF U.P.
LAWS(ALL)-2019-8-277
HIGH COURT OF ALLAHABAD (FROM: LUCKNOW)
Decided on August 20,2019

MOHD. ISMAIL Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

ANJANI KUMAR MISHRA ,J. - (1.)Supplementary affidavit filed today is taken on record, which is the objection to the survey report called for by this Court, vide order dated 30.05.2019.
(2.)Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
(3.)The instant writ petition arises out of proceedings under Section 67 of the Revenue Code, 2006, drawn against the petitioner for his eviction from 0.006 hectares of plot no. 993, which in the revenue records, is recorded as a pond. The Tehsildar, vide order dated 03.10.2016, passed after hearing the petitioner, ordered his eviction. Damages to the tune of Rs. 12,250/- were also imposed. The said order has been affirmed upon dismissal of the appeal filed by the petitioner under Section 67(5) of the Revenue Code, 2006, vide order dated 14.03.2019. Assailing the impugned orders, the first contention of counsel for the petitioner is that the land in question was recorded as abadi from prior to the abolition of zamindari.


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