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1981 Supreme(All) 433

K.N.MISRA
Raj Narain – Appellant
Versus
Deputy Director of Consolidation – Respondent


Advocates Appeared:
C.P. Srivastava, K.B. Garg

Judgment

K.N. Misra, J.

1. THIS petition under Article 226 of the Constitution is directed against the orders dated 12th January, 1977 and 8th July, 1977 passed by the Deputy Director of Consolidation, opposite party no. 1, in proceedings under Section 48, sub-clause (3), of the U. P. C. H. Act, hereinafter referred to as the Act.

2. BRIEFLY stated the facts are that a chak road was provided on plot nos. 525/0. 02, 527/0. 02, 507/0. 8, 509/0. 01 and 502/0. 01. This Chak road was provided in between the chaks of several tenure holders. Towards east of the said chak road the chak of petitioner no. 2, chak holder no. 118, was situated and towards west of it the chak of petitioner no. 1 was situated. The tenure holders were put into possession over their respective allotted chak land in the unit on 3rd March, 1970 and since then they were using the chak road in question for reaching their respective allotted chaks. Petitioners nos. 1 and 2 were also using the said chak road for reaching their chaks and they have been using it for taking their bullocks and bullock-carts etc. from the abadi to their respective chaks. No objection was raised against the carvation of the said chak road in. p











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