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2010 Supreme(All) 2129

POONAM SRIVASTAV
DAHARI LAL – Appellant
Versus
DIRECTOR OF CONSOLIDATION – Respondent


Advocates:
Counsel :
R.C. Singh for the Petitioners; Sankatha Rai, Santosh Kr. Mishra, C.S.C. for hte Respondents.

JUDGMENT

Hon’ble Mrs. Poonam Srivastav, J.—Heard Sri R.C. Singh Advocate appearing for petitioners and Sri Sankatha Rai Advocate on behalf of contesting respondents.

2. The order dated 1.7.2004 passed by respondent No. 1, order dated 13.11.1997 passed by respondent No. 2 and order dated 30.7.1976 passed by Assistant Consolidation Officer, are impugned in the instant writ petition.

3. Claim of petitioners is that they are in cultivatory possession till date and continued to be as such since ever after completion of consolidation proceedings in the village.

4. Dispute relates to plot Nos. 1026/1 and 1026/2 situated on the road side. Petitioners’ claim is that plots in question are of high commercial value. Petitioners and contesting respondents belong to different family and caste. The respondents started gathering building materials on the disputed plots, which was objected by petitioners and it is at that stage, it came to the knowledge of petitioners that respondents have got their name recorded on the basis of certain orders passed when consolidation proceedings had started way back in the year 1976.

5. Petitioner No. 1 Dahari Lal is an uneducated and rustic villager who lived in the




























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