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2013 Supreme(All) 2332

RAM SURAT RAM (MAURYA)
RAJBAHADUR – Appellant
Versus
MUKHYA RAJASVA ADHIKARI BASTI – Respondent


Advocates:
Counsel :
Pradeep Kumar and Umanath Pandey for the Petitioner; C.S.C., Dr. V.K. Rai, Govind Saran and Sankatha Rai for the Respondents.

JUDGMENT

Hon’ble Ram Surat Ram (Maurya), J.—Heard Sri Pradeep Kumar and Sri Umanath Pandey for the petitioner and Dr. Vinod Kumar Rai and Sri Ashok Kumar Singh, for the respondents.

2. The writ petition has been filed for quashing the order of Mukhya Rajasva Adhikari /Deputy Director of Consolidation (respondent-1) dated 29.12.2004, passed in Revision Nos. 33/1812 of 2004-05, 103/1813 of 2004-05 and 104/2640 of 2004-05, arising out of title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

3. The dispute relates to the land recorded in khatas 96 [consisting of plots 231, 684/14, 700/9, 731 and 878 (total area 2-0-15 bigha)] and 97 [consisting plots 220, 221/1, 270/1, 277, 280, 818, 830, 846, 915, 916, 917, 948, 952, 959, 988, 995 and 1010 (total area 5-12-17 bigha)] of village Sonebarsa, tappa Ramgarh, pargana Amorha, district Basti. In basic consolidation record, khata 96 was recorded in the names of Ram Nagar, Ram Soch and Ram Yagya sons Dhodhai (now represented by respondents-2 and 3) (hereinafter referred to as the respondents) and Khata 97 was recorded in the names of Ram Nagar, Ram Soch and Ram Yagya sons Dhodhai and Ramdhan son of















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