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2010 Supreme(SC) 339

R.V.RAVEENDRAN, R.M.LODHA
GRAM SABHA, DHANIYA MAU – Appellant
Versus
RAM MANOHAR – Respondent


Advocates appeared:
Shashindra Tripathi, Ms Sharad Tripathi and Debasis Misra, Advocates, for the Appellant;
E.C. Agrawala, Mahesh Agarwal, Rishi Agrawala, Ram Sanehi Bind, Amit Kr. Sharma and Ms Renu Tyagi, Advocates, for the Respondents.

JUDGMENT

R.V. RAVEENDRAN, J.- Leave granted. Heard.

2. These appeals relate to Plot No. 1043/2/1 measuring 1.43 acres claimed by the appellant (Gram Sabha, Dhania Mau), Tehsil & District Jaunpur, U.P. as talab (tank) vesting in it. One Ram Manohar claimed sirdari rights in regard to the said land and filed objections under Section 9(A)(ii) of the V.P. Consolidation of Holdings Act, 1953 ("the Act", for short).

3. The Consolidation Officer, Jaunpur, by order dated 8-9-1972 held that the said land was a talab land used for irrigation purposes by the public and the name of Ram Manohar entered in regard to the said plot should be deleted and the land should be entered in the Gram Sabha khata. The appeal filed by Ram Manohar was dismissed by the Settlement Officer by order dated 11-1-1974. Ram Manohar challenged the order of the appellate authority by filing a revision before the Deputy Director of Consolidation, Jaunpur. The revision petition was also dismissed by order dated 7-8-1976.

4. The legal representatives of Ram Manohar, the respondents herein, challenged the said decision in Civil Misc. Writ Petition No. 50 of 1977. A learned Single Judge allowed the writ petition by order dated









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