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2009 Supreme(All) 2646

A.P.SAHI
SRIRAM – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, ALLAHABAD CAMP, FATEHPUR – Respondent


Advocates:
Counsel :
Maurya for the Petitioners; Chaudhary for the Respondent-3.

JUDGMENT

Hon’ble A.P. Sahi, J.—The present writ petition has been preferred against the order of Deputy Director of Consolidation, Allahabad, dated 16.2.2006 and the rejection of restoration application in the said revision whereby the Deputy Director of Consolidation has set aside the order of Consolidation Officer dated 9.10.1998 and order of the Settlement Officer Consolidation in Appeal dated 26.8.2002 and has declared Respondent No. 3 to be the co-sharer of the land of Khata Nos. 264 and 266, the disputed property in the present proceedings.

2. The respondent-Ram Ratan and one Banshi filed objections under Section 9-A (2) of the Uttar Pradesh Consolidation of Holdings Act, 1953 claiming co-tenancy rights in the Khatas aforesaid. The Consolidation Officer rejected the said objection on 9.10.1998 against which an appeal was filed before the Settlement Officer Consolidation which met the same fate. The appellate order is dated 26.8.2002. The respondent No. 3 filed a revision under Section 48 of the Uttar Pradesh Consolidation of Holdings Act and the Deputy Director of Consolidation by the impugned order has reversed the order of the Consolidation Officer and the Settlement Officer










































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