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2010 Supreme(All) 3929

VIKRAM NATH
Kedar Singh and another – Appellant
Versus
Deputy Director of Consolidation and Others – Respondent


S/Sri S.K. Verma and A.S. Rai, Advocates, for Petitioner.
S/Sri G.S. Misra, B.P. Singh, Lal Ji Sahai Srivastava, Advocates and S.C., for Respondents.

Vikram Nath,J.:-

This writ petition has been filed under Article 226 of the Constitution assailing the correctness of the judgment and order dated 2.1.1974 passed by the Deputy Director of Consolidation, Deoria whereby he allowed the revision filed by the respondents nos.2 to 4 and after setting aside the order of the Settlement Officer Consolidation dated 5.2.1973 maintained the order passed by the Consolidation Officer dated 9.10.1972, rejecting the objections of the petitioners.

2. The dispute relates to the land comprised in Khata No.6 and Khata No.82 of Village Badhia Hardo, Tappa Dond, Pargana Salempur Majhauli, District Deoria (hereinafter referred to as the land in dispute).

3. In the basic year records the names of Kashi, Bali Ram and Udai Bhan sons of Ram Bachan Singh (respondent nos.2 to 4) were recorded. The petitioners filed objections claiming co-tenancy rights in the land in dispute of the two khatas and subsequently by way of amendment they also claimed exclusive rights over certain plots of the said khatas. The objections were based upon a compromise decree dated 17.6.1969 in a revenue suit under Section 229-B/176 of the U.P. Zamindari Abolition and Land Reforms Act,










































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