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2011 Supreme(All) 3071

PRAKASH KRISHNA
RAMJEET UPADHYAYA – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, ALLAHABAD – Respondent


Advocates Appeared:
M.N. Singh for the Petitioners; C.S.C., D.D. Chauhan, Babu Lal, S.C. Verma, S.K. Singh, Suresh Ch Verma for the Respondents.

JUDGMENT

Hon’ble Prakash Krishna, J.—This is third round of litigation in the High Court which arises out of the proceedings under the Uttar Pradesh Consolidation of Holdings Act in pursuance of the objection filed by the petitioners herein in respect of the plot Nos. 737/1, 737/2, 738/1 and 738/3 situate in the village Jagdishpur Changan, Pargana Nawabganj, Tehsil Soraon, District Allahabad.

2. In the basic year the aforesaid plots were recorded as Banzar in the name of Gaon Sabha. An objection by Babu Lal son of Ram Pratap whose decendants are the petitioners herein was filed on the allegation that the objector (herein after to referred as the petitioners) had been in occupation and possession of the aforestated disputed plots since the time immemorial and are being cultivated by him. He has installed a tubewell and has become Sirdar by operation of law. The plots in dispute are not Banzar and it is wrongly recorded in the name of Gaon Sabha. It was prayed that the objection be accepted and his name be recorded as Sirdar vide objection dated 19th of November, 1974.

3. The Gaon Sabha contested the matter by denying the claim of the objector namely Babu Lal and came out with the cas













































































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