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2010 Supreme(All) 3722

VIKRAM NATH
Indrawati and others – Appellant
Versus
District Magistrate/D. D. C. Sonbhadra and others – Respondent


Advocates:
Anuj Kumar, Jitendra Prasad

Vikram Nath, J.: -

Connect with Writ Petition No. 48712 of 2010.

2. Heard the learned Counsel for the petitioner.

3. The learned Standing Counsel representing the respondent Nos. 1 to 4 and Sri Anuj Kumar, Advocate representing the respondent No. 5 may file counter affidavit within a month.

4. One of the arguments advanced on behalf of the petitioner is that the Revisional Court has discarded the order dated 1.8.1953, passed by the Nayab Tehsildar on the ground that he had no jurisdiction to pass such an order whereas in fact under law the Nayab Tehsildar was fully compe­tent to pass the said order for recording the name of the tenure holders under section 15 of the U.P. Land Revenue Act, 1901 as by way of notification made on 6.6.1953 such power vested with the Tehsildar.

5. Admit.

6. Issue notice to the respondent No. 6. Steps may be taken within a week.

7. Till further orders of this Court the effect and operation of the impugned order dated 14.7.2010, passed by the Deputy Di­rector of Consolidation, Sonbhadra (Respondent No. 1) as also the order dated 20.1.2004, passed by the Assistant Settle­ment Officer (Consolidation), Sonbhadra (Respondent No. 2) shall remain stayed.

Ordered Accord

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