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2011 Supreme(All) 2648

SUDHIR AGARWAL
MOHD. SHAFIQ – Appellant
Versus
ASSTT. DIRECTOR OF CONSOLIDATION, LUCKNOW – Respondent


Advocates:
R.K. Shukla, B.K. Singh, Farid Ahmad, Nirmal Tewari and Qamar Ahmad for the Petitioners; C.S.C., R.N. Gupta and Suresh Chandra Shukla for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—This writ petition is directed against the orders dated 29.4.1980 passed by Consolidation Officer, dated 6.9.1980 passed by Settlement Officer (Consolidation) rejecting appeal and dated 31.12.1980 passed by Assistant Director (Consolidation) rejecting revision.

2. Petitioners have also challenged validity of Section 11-C of U.P. Consolidation of Holdings Act of 1954 (Act No. 5 of 1954) (hereinafter referred to as “Act”) as amended from time to time.

3. This matter was heard and judgment was reserved on 9.12.2010 when the petitioner also filed written submissions. However, since then I was regularly sitting at Allahabad and therefore though the judgment was ready, but could not be delivered due to non sitting at Lucknow. Hence, there is some delay in pronouncement of judgment.

4. The land in dispute is khasra No. 33, 34, 35 and 36 situated at village Ghaila, Pargana, Tehsil and District Lucknow. It is said that in the basic year, these plots were recorded as banjar Khata. When consolidation proceedings commenced in the area, Sri Sartaj Ali, father of respondent No. 3 and other petitioners filed an objection before Assistant Consolidation Officer (resp
































































































































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