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1967 Supreme(All) 85

S.D.KHARE
Ram Jag Mistri s/o Sheo Harakh Mistri – Appellant
Versus
Director of Consolidation, U. P. , Lucknow – Respondent


Advocates:
G.P. Khare, for Petitioners; R.B. Misra, U.K Misra. R.N. Upadhaya and K.B. Garg for Respondents.

ORDER :-This is a petition under Article 226 of the Constitution of India and the prayer is that the orders of the Director of Consolidation (opposite party No. 1) passed on 16-2-1966 and of the Settlement Officer Consolidation (opposite party No. 2) passed on 31-5-1965 be quashed by the issue of a writ in the nature of certiorari.

2. This writ petition arises out of a proceeding under Section 9A(2) of the U.P. Consolidation of Holdings Act as amended upto date and the dispute relates to two occupancy tenancy plots of pre-zamindari abolition era, to wit, plots Nos. 199(10 biswas 9 dhurs) and 200 (10 biswas 10 dhurs) of village Chokia alias Udai-ka-Pura, Taluqa Chauthar, pargana Bhadohi, district Varanasi. These two plots originally formed part of the occupancy holding of Sheo Harakh, who had three sons, namely. Ram Rup, Ram Jag (petitioner No. 1) and Ram Sundar. Petitioners Nos. 2 to 6 are the descendants of Ram Rup while Sm. Phulbasi (opposite party No. 4) is the widow of Ram Sundar, who died sometime in the year 1939 After the death of Ram Sundar there was some dispute between Sm. Phulbasi on the one hand and the collaterals of her husband on the other and Sm. Phulbasi had to inst


























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