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HARPAL SINGH versus THE STATE OF U.P. THRU' THE SECRETARY DEPTT. OF REV. & ORS.

High Court of Judicature at Allahabad

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Harpal Singh v. The State Of U.P. Thru' The Secretary Deptt. Of Rev. & Ors. - WRIT - B No. 54750 of 2006 [2006] RD-AH 17149 (4 October 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 40

Civil Misc. Writ Petition No. 54750 of 2006

Harpal Singh vs. The State of U.P. & others

Hon'ble Krishna Murari, J.

Heard Sri Rajeev Misra, learned counsel for the petitioner.

The main relief claimed in the writ petition is to issue a writ of or direction in the nature of mandamus commanding the respondent no. 3 to mutate the name of the petitioner in C.H.Form-5. The case set up by the petitioner is that the land in dispute was allotted to him for agricultural purposes on lease by the Gaon Sabha but his name could not be recorded in the revenue records. This fact came to his knowledge when the consolidation proceedings were notified and C.H. Form-5 was distributed.

It is always open to the petitioner to get adjudication of his rights by filing an appropriate objection under Section 9 of the U.P. Consolidation of Holdings Act. The mandamus claimed by the petitioner for recording his name in C.H.Form-5 without there being a proper adjudication of his rights cannot be issued.

Since the relief claimed cannot be granted, the writ petition fails and is hereby dismissed.

Dt.4.10.2006

Nd.

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