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2010 Supreme(All) 2427

POONAM SRIVASTAV
KISHAN SAHAI – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, BULANDSHAHR – Respondent


Advocates:
Counsel :
R.B. Singhal, Aditya Bhushan Singhal for the Petitoners; M.D. Singh Shekhar, Satyawan Sahi, I.N. Singh, Anuj Kumar, Sunil Kumar, V.K. Singh, A.K. Tiwari, M.C. Singh and M.K. Gupta, C.S.C. for the Respondents.

JUDGMENT

Hon’ble Mrs. Poonam Srivastav, J.—Heard Sri R.B. Singhal, Senior Advocate, assisted by Sri Aditya Bhushan Singhal, counsels for the petitioners, Sri M.D. Singh Sekhar, Senior Advocate, assisted by Sri Satyawan Shahi Advocate on behalf of respondent Nos. 8 and 9, Sri I.N. Singh Advocate on behalf of respondent Nos. 4, 6 and 7 and Sri Anuj Kumar Advocate on behalf of respondent Nos. 10 and 11.

2. Counter and rejoinder affidavits have been exchanged and as agreed between counsels for parties this writ petition is finally heard.

3. The instant writ petition is preferred challenging the orders dated 31.1.1996 passed by the Consolidation Officer, Annexure-6 to the writ petition, 28.2.2003 passed by the Settlement Officer Consolidation, Annexure-8 to the writ petition and 9.6.2004 passed by the Deputy Director of Consolidation, Annexure-10 to the writ petition.

4. The land in dispute was recorded in the name of Gaon Sabha of village Mohammadpur Gurjar in the basic year. Undisputed fact is that name of Anis Shah and Bashir were recorded as Bhumidhar but it appears that there was some order passed on 27.6.1963 by Tehsildar expunging name of Anis Shah and Bashir and name of Gaon Sabh


















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