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2010 Supreme(All) 2731

POONAM SRIVASTAV
JAITOON – Appellant
Versus
JOINT DIRECTOR OF CONSOLIDATION, MUZAFFAR NAGAR – Respondent


Advocates:
Counsel :
Shekhar Srivastava, A.K. Gupta, Rakesh Ojha, A . Kulshrestha, B.P. Singh for the Petitioner; Prabhakar Dubey, Anuj Kumar, Preetam Yadav, M.N. Singh, C.S.C. for the Respondents.

JUDGMENT

Hon’ble Mrs. Poonam Srivastav, J.—Heard learned counsel for the petitioner and Standing Counsel on behalf of respondents.

Counter and rejoinder affidavits have been exchanged and writ petition is being heard finally.

2. The prayer in the instant writ petition is for quashing judgment and orders dated 16.7.2001 passed by Settlement Officer Consolidation, District Bijnor, Annexure-3 to the writ petition and 17.5.2002 passed by Joint Director Consolidation , Muzaffar Nagar, Annexure-7 to the writ petition.

3. The property in dispute was originally enemy property which was purchased by petitioner along with some others vide sale certificate dated 26.5.1976 issued by the Custodian of the Enemy Property at Lucknow, U.P. This sale was never challenged at any stage but according to the petitioner, they came to know that their names have not been recorded in the revenue records though they were actual owners on the basis of Sale-Certificate dated 26.5.1976 and were in possession. When the consolidation proceedings commenced in the year 1990-91 of the village where the disputed land is situated only then it came to their knowledge that the name of the petitioner could not be mutated.















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