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2008 Supreme(All) 1239

ASHOK BHUSHAN
CHINTA DEVI. – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, VARANASI – Respondent


Advocates:
Counsel :
V.K.S. Chaudhary and P.C. Pandey for the Petitioners; Namwar Singh for the Respondents.

JUDGMENT

Hon’ble Ashok Bhushan, J.—Heard Sri V.K.S. Chaudhary, Senior Advocate, assisted by Sri P.C. Pandey for the petitioners and Sri Namwar Singh appearing for the contesting respondents.

2. Counter and rejoinder affidavits have been exchanged between the parties and with the consent of the parties, the writ petition is being finally decided.

3. By this writ petition, the petitioners have prayed for quashing the judgment and order dated 9th December, 1998 passed by Deputy Director of Consolidation deciding the revisions filed under Section 48 of U.P. Consolidation of Holdings Act, 1953 as well as the order of Settlement Officer of Consolidation dated 20th February, 1990 allowing the appeal filed by the respondents partly.

4. Brief facts necessary to be noted for deciding the writ petition are; the dispute between the parties arose in proceedings under Section 9A(2) of U.P. Consolidation of Holdings Act, 1953. The dispute relate to different Khatas of six villages, namely, Dalipur, Ahrak, Pooran Patti, Nihalpur, Banaita and Pashchimpur. In Khata No. 171 of village Pashchimpur, the names of Srineta widow of Srinarain along with Ram Murat, Ram Ji and Ram Pyarey were recorded. Over all































































































































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