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1965 Supreme(All) 92

N.U.BEG
Bux Singh – Appellant
Versus
Joint Director of Consolidation, U. P. , Lucknow – Respondent


Advocates:
Hargur Charan Srivastava, for Petitioner; Mohd. Husain, for Opposite Party No. 6.

ORDER : This writ petition arises out of a dispute regarding khata No. 268 of village Gujra, Pargana Khairabad, Tahsil and District Sitapur, during the consolidation proceedings. The Khata in question was entered in the names of the petitioner Saheb Bux Singh. and opposite party No. 6, Srimati Bhagwant Kunwar, Srimati Bhagwant Kunwar is the widow of Jagannath Singh, own brother of Saheb Bux Singh, Saheb Bux Singh filed an objection under S. 9 of the U.P. Consolidation of Holdings Act on the 15th of April 1961, alleging that he was the sole tenure-holder of khata No. 268 and entry of the name of opposite party No. 6 along with him was, therefore, incorrect and should be expunged. Opposite party No. 6 did not prefer any objection under S. 9 of the Act before the Assistant Consolidation Officer. In spite of it the Assistant Consolidation Officer treated the case as a disputed one and referred it to the Consolidation Officer under S. 9(3) of the Act. On 26-6-1961 the Consolidation Officer dismissed the objection of the petitioner in his absence but restored the same again on the 20th of July 1961. On the 31st of July 1961, the Consolidation Officer allowed the objection of the petition






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