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1980 Supreme(All) 337

B.D.AGARWAL
GAON SABHA RAKSHAHA GHAZIPUR – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION – Respondent


B. D. AGARWAL, J.

Gaon Sabha Raksaha through its pradhan Sri Jaishiri Sharma filed this petition under Article 226 of the Constitution challenging the judgment and order dated February 20, 1980 of the Deputy Director of Consolidation, Ghazipur.

The dispute in this case relates to Plot Nos. 1949 and 1946 situate in village Rakshah, Pargana Zamaniya, District Ghazipur. Thesa plots were recorded as pokhari in the Khatauni of several successive Fasli years. In the year 1970, the consolidation operations started in this village. It is stated that one Habibullah was the Pradhan of Gaon Sabha and he was relation of Tayab Khan, opposite party No. 2 to this petition. Tayab Khan applied for mutation of his name before the Tahsildar under Sections 33/39 of the U. P. Land Revenue Act. The Sub-Divisional Officer by an order dated 8th February, 1963 directed his name to be recorded as an Asami in Class III. Later, pro-casdiags under Rule 115-C of the U. P. Zamindari Abolition aad Land Reforms Rules were initiated by the Gaon Sabha for ejectment of the opposite party No. 2 from this land. The Tahsildar dropped these proceedings on the ground that a bona fidz question of title was involved. The cas










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