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2005 Supreme(All) 2445

KRISHNA MURARI
ACHHAIBAR – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, VARANASI – Respondent


Advocates:
Counsel :
Aditya Narain for the Petitioners; Sankatha Rai, Vijai Kumar Rai, Dr. Vinod Kumar Rai, H.N. Pandey, S.C. for the Respondents.

JUDGMENT

Hon’ble Krishna Murari, J.—By means of this petition filed under Article 226 of the Constitution of India, the petitioners have challenged the order dated 14.1.1976 and 29.1.1977 passed by Settlement Officer Consolidation and Deputy Director of Consolidation respectively.

2. At the start of Consolidation proceedings the dispute between the parties was with regard to khata Nos. 2, 3, 4, 5, 84, 86 and 90. One Smt. Phulpatia filed an objection in respect of khatas claiming to be the daughter and heir of Mst. Sukhia. Another objection was filed by respondent No. 3 Shyam Narain on behalf of his minor son Lallan alias Lal Bahadur in respect of aforesaid khatas claiming rights as son and sole heir of Mst. Sukhia. The petitioners also filed three objections on the ground that Bipat, husband of Smt. Sukhia belonged to their family. After death of Bipat Mst. Sukhia remarried with respondent No. 3, Shyam Narain and as such ceased to have any interest in the khatas. Her name was wrongly recorded in the revenue records and was liable to be expunged and the petitioners are entitled to have shares according to their pedigree.

3. All the objections were consolidated and decided by the Consol




















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