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2001 Supreme(All) 567

S.K.SINGH
KHAIRUNNISHA – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, AZAMGARH – Respondent


Advocates Appeared:
A.P.TEVARI, M.D.Misra, PUSHPA MISRA, S.S.Tripathi

S. K. SINGH, J.

( 1 ) BY means of this writ petition, the petitioner has sought the quashing of the judgment of the deputy Director, Consolidation dated 19. 4. 2001, contained as Annexure-7 to the writ petition. The Deputy Director, Consolidation by the judgment impugned in this writ petition has allowed the restoration application filed by the opposite parties and directed that after disposal of the appeal by the Settlement Officer, Consolidation, if it is required fresh reference be prepared and be sent after giving notice and opportunity to the parties to the proceedings.

( 2 ) IT has been argued by the learned counsel for the petitioner that by the order of the consolidation Officer dated 3. 4. 1996. Plot No. 48 was divided as Plot Nos. 48a and 48b, and it is on the basis of the consent of the parties, reference was prepared by the Consolidation Officer. It has been argued by the learned counsel that before the Consolidation Officer when the reference was prepared and forwarded, both the parties were present and they have signed the order Sheet and, therefore, the Deputy Director, Consolidation has rightly approved the reference vide order dated 29. 12. 1998. According to the l











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