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2007 Supreme(All) 2152

KRISHNA MURARI
SIDDH NARAYAN – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, ALLAHABAD – Respondent


Advocates:
Counsel :
Syed Irfan Ali, Saurabh Srivastava and Anil Bhushan for the Petitioner; S.C. for the Respondents.

JUDGMENT

Hon’ble Krishna Murari, J.—Heard Sri Anil Bhushan, learned Counsel for the petitioner.

2. Dispute relates to plot No. 288 situate in village Nigdilpur, Pargana Nawabganj, District Allahabad which was recorded in the name of Anand Behari Maharaj Virajman Mandir trust through its ‘Sarwarakar’. Trust is stated to be a private trust. The petitioner claims to have purchased the land in dispute from one Vishwambhar Narayan who is stated to have been authorised by the Trust for disposal of the property in dispute by the management of the Trust to secure money for maintenance of Mandir. Thereafter, the petitioner moved an application under Section 12 of U.P. Consolidation of Holdings Act (for short the ‘Act’) for mutation of his name which was allowed by Assistant Consolidation Officer vide order dated 30th April, 1991. The village came to be denotified under Section 52 of the Act on 18-7-2004. Gaon Sabha/respondent No. 5 filed a time barred appeal challenging the order dated 30th April, 1991 on 5th October, 2006. Petitioner filed an objection regarding maintainability of the appeal after de-notification under Section 52 of the Act. Settlement Officer Consolidation vide order dated































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