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2010 Supreme(All) 2429

B.K.NARAYANA
MANGU – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION – Respondent


Advocates:
Counsel :
Kshitij Shailendra, Sumit Daga, Sankata Rai, Dr. Vinod Kumar Rai and Vijay Kumar Rai for the Petitioner; Nipun Singh, C.S.C. for the Respondents.

JUDGMENT

Hon’ble B.K. Narayana, J.—Heard Sri Vijay Kumar Rai learned counsel for the petitioner and Sri Nipun Singh learned counsel for the respondent Nos. 4 to 8.

2. By means of present writ petition under Secton 226 of the Constitution of India the orders dated 30.3.2009 (Annexure No. 6 to the writ petition) and 21.5.2009 (Annexure No. 8 to the writ petition) passed by Settlement Officer Consolidation, Muzaffarnagar respondent No. 2 and Deputy Director of Consolidation, Muzaffarnager, respondent No. 1 respectively are sought to be quashed.

3. The dispute in the present writ petition primarily relates to plot No. 694/1 of Khata No. 211 measuring 2 bigha 17 biswa (herein after referred to as the disputed plots). The factual position is that late Mukunda father of the respondent Nos. 4 to 7 was recorded as chief tenant and the names of Chhajju father of the petitioner and Jittu son of Pirwa respondent No. 8 were recorded in clause-IX in the basic year. Since Mukanda died leaving behind Ram Kumar, Deshraj and Charan Singh (minor) as his heirs and legal representatives, respondent Nos. 4 to 7 (herein after referred to as the contesting respondents), after the extracts from the record we





















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