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2010 Supreme(All) 2736

POONAM SRIVASTAV
OM PRAKASH – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, DEORIA – Respondent


Advocates:
Counsel :
U.S. Tiwari and Dinesh Rai for the Petitioners; Ashok Bhushan, Vivekanand Yadav and Shakti Swarup Nigam, C.S.C. for the Respondents.

JUDGMENT

Hon’ble Mrs. Poonam Srivastav, J.—Heard learned counsel for the parties.

2. The instant writ petition is listed for admission. Counter and rejoinder affidavits have been exchanged. Counsels for the respective parties have agreed that the writ petition may be decided finally at the stage of admission itself. After completing the arguments, written submissions were also filed.

3. The judgment and orders impugned in the instant writ petition are dated 28.12.1991 and 11.1.1999 passed by the Deputy Director of Consolidation, Deoria allowing revision No. 101-221/1589, Vijay Bahadur and others v. Om Prakash and others, as well as rejecting the recall application on behalf of the petitioners against the judgment and order dated 28.12.1991.

4. When the consolidation proceedings commenced Sri Tapsi, father of respondent Nos. 2 and 3 and Sri Phullan Prasad respondent No. 4 filed their objections in respect of plot No. 52 area 0.38 decimal and plot No. 54 area 0.04 decimal of Khata No. 29 situated in village Harraiya, Tappa Salempur, Pargana Salempur Majauli, District Deoria. In the basic year Khatauni, names of Mahatam and Ram Chandra Lal were recorded. Perusal of the order of the Con













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