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2017 Supreme(All) 342

RAJAN ROY
TAHIRA BEGUM – Appellant
Versus
KAMLESH KUMAR SRIVASTAVA – Respondent


Advocates:
Counsel :
S.K. Mehrotra and I.D. Shukla for the Petitioners; C.S.C., Hari Prasad Srivastava, Satis Kr Srivastava and Subhash Vidyarthi for the Respondents.

JUDGMENT

Hon’ble Rajan Roy, J.—Heard learned counsel for the parties.

2. This is a writ petition under Article 226 of the Constitution of India challenging the orders passed by the Consolidation Courts dated 14.9.2009, 20.7.2010 and 26.3.2010.

3. As far as the order dated 26.3.2010 is concerned, the same was passed under Section 12 of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as ‘’the Act, 1953') by the Consolidation Officer, wherein, the claim of the petitioners herein for mutation of their name in respect of the land in question on the basis of sale-deed executed by Smt. Kiran Srivastava on 2.7.2009 was declined on the ground that in separate proceedings wherein Smt. Kiran Srivastava was a party the S.O.C. had already opined that after marriage on 1.6.1990 Smt. Kiran Srivastava’s interest in the holdings which had devolved upon her from her mother, who inturn had succeeded to the holding of her husband i.e. the father-in-law of Smt. Kiran Srivastava, ceased and stood reverted in terms of Section 172(1) of the U.P Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as ‘’the Act, 1950') upon the nearest surviving heirs (such heir being
































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