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2016 Supreme(All) 720

SUDHIR AGARWAL
BHAGELU – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION – Respondent


Advocates:
Counsel :
P.P. Chaudhary, Awadhesh Kumar Singh and S.L. Yadav for the Petitioners; A.K. Srivastava, Dinesh Pathak, Rakesh Pathak and S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Petitioners, Bhagelu and Ganga Ram, both sons of Ram Swaroop (now deceased and substituted by legal heirs) have filed this writ petition under Article 226 of the Constitution, being aggrieved by order dated 2.2.1974 passed by Deputy Director of Consolidation, Basti (hereinafter referred to as the “DDC”), whereby it has allowed Revision No. 469 of respondent No. 4 and dismissed Revision No. 451 filed by petitioners and held that except sale-deeds executed by petitioners, in remaining land, respondents No. 3 (Bhulai) and 4 (Ram Autar) each, shall have half share.

2. The dispute relates to Khata No. 19, Plots No. 11, 181, 208(M), 240, 243, 208/2, 206 and 240(M).

3. Petitioners claimed to be recorded Bhumidhar in basic year entry. Respondents 3 and 4 filed objection claiming sole Bhumidhari and Sirdari rights stating that petitioners have no such right over disputed land. Respondents 3 and 4 are off shoot in the same family tree of petitioners though from different branches. Petitioners on incorrect facts filed suit under Section 229-B of U.P. Z











































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