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2014 Supreme(All) 1806

ANJANI KUMAR MISHRA
ABDUL SAMI – Appellant
Versus
D. D. C. – Respondent


Advocates:
Counsel :
R.K. Awasthi, Mohd. Arif, Mohd. Aslam Khan, R.B.D. Mishra, R.G. Prasad and Ravi Kiran Jain for the Petitioners; S.C., Raj Kumar Jain, A.M. Zaidi, M.A. Zaidi, M.A. Zafari and Rahul Jain for the Respondents.

JUDGMENT

Hon’ble Anjani Kumar Mishra, J.—Heard Sri M.A. Khan, learned counsel for the petitioners and Sri A.M. Zaidi for the contesting respondents.

This petition arises out of proceedings under Rule 109A of the U.P. Consolidation of Holdings Rules and seeks quashing of the orders dated 24.9.1982, 28.3.1983 and 21.3.1984 passed by the respondents 3, 2 and 1 respectively.

2. Facts of the case briefly stated are that on the start of consolidation operations, three plots, namely, 3056, 3058 and 3066 of Village Chandpur, Post Chandpur, District Bijnour, were recorded in the name of Mohd. Bux. The contesting respondents filed an objection claiming co-tenancy therein. Their claim was upheld by this Court in writ petition filed by the petitioners’ predecessor in interest being Writ Petition No. 952 of 1963, which was dismissed on 7.4.1969 and the contesting respondents were finally held to be co-tenure holders of the land in question.

3. The contesting respondents thereafter filed an application under Rule 109A on 24.9.1982, which was allowed by the Consolidation Officer, Bijnour. The consequential appeal was dismissed on 28.3.1983 and the aforesaid two orders affirmed in revision vide jud









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