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2011 Supreme(All) 2954

PRAKASH KRISHNA
VISHWANATH – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION – Respondent


Advocates:
Ram Niwas Singh for the Petitioner; S.C. for the Respondents.

JUDGMENT

Hon’ble Prakash Krishna, J.—Questioning the legality, validity and propriety of the order dated 11th June, 1976 passed by the Deputy Director of Consolidation in Revision No. 1734, Vishwanath and others v. Vishwanath, whereby he has set aside the order of the First Appellate Court, namely, Settlement Officer, Consolidation dated 7th November, 1975 and restored the order dated 21st February, 1974 that of Consolidation Officer, the present writ petition has been filed.

2. The dispute relates to two Khata Nos. 10 and 11 situate in village Pura Raiji, Pargana Sultanpur, District Varanasi. In the basic year khata No. 11 was recorded in the names of Badri and Thakur Prasad as bhumidhars. Khata No. 10 was recorded in the names of Shyam Narain, Purshottam and Badri. The petitioner, namely, Vishwanath S/o Ram Sumer claimed 1/4 share in the aforesaid two khatas through his objection filed under Section 9-A(2) of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as ‘the Act’) on the ground that khatas in dispute are ancestral and his name is wrongly not recorded over them. Respondent Nos. 3 to 7 filed two sets of written statement, contesting the claim of the petit



































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