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2014 Supreme(All) 1651

SUDHIR AGARWAL
SHAMBHOO – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, FAIZABAD – Respondent


Advocates:
Counsel :
A.S. Chaudhary for the Petitioners; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—This writ petition under Article 226 of the Constitution has arisen from consolidation proceedings and the petitioner has assailed order dated 3.2.1983 passed by Deputy Director of Consolidation, whereby it has allowed Revision No. 1115 under Section 48 of Consolidation of Holdings Act 1948 (hereinafter referred to as “Act 1948”) and declared respondent No. 2 as Bhumidhar of certain plots and co-tenure holder of some other plots.

2. The dispute relates to agricultural plot No. 30/2, 37/1, 43/1, 43/2 and 87 and grove plots No. 163 and 227/6 situated in village Dulhapur, Pargana and Tehsil Tanda., District Faizabad. It is said that agricultural plot No. 43/1 was recorded in the name of petitioners No. 1 and 2, Shambhoo and Asharam in the basic year and other agricultural plots No. 30/2, 37/1, 43/2 and 87 were recorded in the name of one Mst. Kamla Devi in the basic year. A mutation entry was also recorded in the basic year, expunging Kamla Devi and recording names of the petitioners No. 1 and 2. Grove plots No. 163 and 227/6 were recorded in the name of Kamla Devi, Vachaspati, Thakur Prasad, Raja Ram, and Shiv Kumar. Here also, mutation entry was re



























































































































































































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