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2014 Supreme(All) 75

RAM SURAT RAM (MAURYA)
DUKHOO UPADHYAYA – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION – Respondent


Advocates:
Counsel :
Sanktha Rai, Vijay Kumar Rai and Arvind Kumar for the Petitioner; S.C., A.K. Rai, V.K. Singh, R.N. Singh and Rajendra Rai for the Respondents.

JUDGMENT

Hon’ble Ram Surat Ram (Maurya), J.—Heard Sri Vijay Kumar Rai, for the petitioner and Sri R.N. Singh, Senior Advocate, assisted by Sri A.K. Rai, for the respondents

2. The writ petition has been filed against the orders of Assistant Consolidation Officer dated 25.2.1969, Assistant Settlement Officer Consolidation dated 19.8.1974, Consolidation Officer, dated 2.11.1979, Assistant Settlement Officer Consolidation dated 22.12.1983 and Deputy Director of Consolidation dated 16.5.1987, passed in title proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

3. The dispute relates to the land recorded in khatas 176 and 343, of village Majhwar Khas, pargana Majhwar, district Varanasi. In basic consolidation year, the aforesaid khatas were recorded in the names of Ram Kumar son of Ram Baran, Shyam Baran son of Gaya and Smt. Dulari widow of Ram Garib. During partal, disputes relating to inheritance of Ram Kumar and Shyam Baran (who were dead), 1/3 share of all the three recorded tenure holders and discrepancy of area of some plots were noted in CH Form-4. After notification under Section 9 of the Act, the parties appeared before Assistant Conso


























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