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1967 Supreme(All) 158

JAGDISH SAHAI, K.B.ASTHANA, R.S.PATHAK
Abdul Wahid Khan Habibullah Khan – Appellant
Versus
Deputy Director of Consolidation, Jaunpur – Respondent


Advocates:
Bashir Ahmad, for Petitioners; Lalji Sinha, for Opposite Parties.

Judgement

JAGDISH SAHAI, J. :- This writ petition has come to us for decision on I reference made by N.U. Beg, C.J. and S.N. Dwivedi, J. By means of the writ petition it is prayed that the orders passed by the Settlement Officer, Consolidation dated 4-6-1960 and the one passed by the Deputy Director, Consolidation dated 2-11-1960 be quashed. There is also a prayer for the issue of any other writ, order or direction as this Court may, in the circumstances of the case, deem it fit and proper to issue.

2. The dispute between the parties relates to plot No. 1261/14 area .50 decimal, situate in village Shahpur, pergana Ungli, District Jaunpur. This village came under consolidation operations some time in the year 1956, Lautu, the respondent No. 4 to this petition made an application under Section 8(3) of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Act). The Assistant Consolidation Officer passed an order on 8-10-1957 holding that Lautu was in possession over the plot in dispute for two years next preceding the date of the application.

3. During the proceedings under Section 12 of the Act, Lautu filed an objection on 19-2-1960 before the Consolidation Officer, Lap







































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