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2014 Supreme(All) 1962

ANJANI KUMAR MISHRA
SHOBH NATH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
M.S. Pandey for the Petitioner; C.S.C. and Hare Krishna Mishra for the Respondents.

JUDGMENT

Hon’ble Anjani Kumar Mishra, J.—Heard Sri M.S. Pandey, learned counsel for the petitioner and Sri Hare Krishna Mishra, who has filed caveat on behalf of respondent No. 6.

2. This writ petition has been filed challenging an order dated 30.10.2014 passed by the Deputy Director of Consolidation/Additional Collector (Civil Supply), Allahabad in Revision No. 1059 of 2013. This revision had been preferred by respondent No. 6 challenging an order dated 28.2.2013 directing the parties to maintain status quo.

3. Facts of the case briefly stated are that an Aasami Patta of plot Nos. 260/1 and 260/3 was granted in favour of the husband of respondent No. 5. It is the case of the petitioner that once the period of the Patta expired, the land was vacated and remained vacant.

4. In the year 1986, the respondent No. 4 obtained an order from the Consolidation Officer on 1.8.1986 in a case under Section 9A-2, whereby the name of Hari, recorded under class-III, was ordered to be expunged and name of the respondent No. 4, Abdul Hai was ordered to be recorded thereon on the basis of a Patta. It is further relevant to note that respondent No. 4, Abdul Hai, was ordered to be recorded as a Bhumidh




























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