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1994 Supreme(All) 899

B.K.ROY
SHEO RAJ – Appellant
Versus
DY DIRECTOR OF CONSOLIDATION BALLIA – Respondent


BINOD KUMAR ROY, J.

The petitioners pray to quash the order dated, 20th October, 1981 passed by the Consolidation Officer-I, Ballia (Respondent No. 2) (as contained in Annexure-6) rejecting their objection preferred under section 9-A (2) of U. P. Consolidation of Holdings Act (hereinafter referred to as the Act) and the revisional order, dated 20th February, 1982 disposing of their Revision No. 63 (as contained in Annexure-8 ).

2. The main thrust of the submission of Sri S. N. Srivastava, the learned counsel appearing in support of the Rule is that since the land in question, which measures 12 decimals of Plot No. 1987/2 appertaining to Khata No. 82, village Khajuri, Tahsil Sikandarpur East, district Ballia, stands recorded in the land revenue records as grove and accordingly in view of Section 3 (2) Explanation I of the Act could not be allotted in the chak of Respondents 3 and 4 and accordingly the impugned orders are liable to be quashed.

3. Mr. Ojha, the learned counsel appearing on behalf of Respondents 3 and 4, on the other hand, contended that since the objections of the petitioner was filed after more than 4 years and odd months it was rightly rejected by the Consolidation











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