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2004 Supreme(All) 1752

KRISHNA MURARI
Manraji – Appellant
Versus
Dy. Director of Consolidation, Basti – Respondent


Advocates:
Counsel for the Petitioner: R. K. Singh and M. K. Srivastava.
Counsel for the Opposite Parties : S. L. Yadav, S.C.

JUDGMENT

Krishna Murari, J.—By means of this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for quashing of the order dated 30.4.1976, passed by the Deputy Director of Consolidation, Basti and to modify the order of the Assistant Settlement Officer, Consolidation to the extent that share of the petitioner may be declared 1/3rd in the property in dispute.

2. I have heard Sri Manish Kumar Srivastava, learned counsel for the petitioner and Sri S. L. Yadav, learned counsel for the contesting respondents.

3. The dispute relates to khata Nos. 35, 83, 85, 30, 89 and 59 of village Khojaon and khata Nos. 9, 10 and 65 of village Ram Deia.

4. In basic year khatauni the name of the petitioner was recorded over khata Nos. 36, 85 and 83 situate

in village Khojaon and khata No. 9 of Ram Deia. The petitioner filed objections under Section 9A (ii) of the U. P. Consolidation of Holdings Act (hereinafter referred to as ‘the Act’) alleging that her name was recorded over all the khatas of two villages but it was wrongly left out from some of the khatas. She claimed 1/3rd share in all the khatas on the ground that land in dispute was an ancestral property. The
















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