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2017 Supreme(All) 643

V.K.SHUKLA, MAHESH CHANDRA TRIPATHI
RAM BRIKSHA – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION – Respondent


Advocates:
Counsel :
Mrs. Sushma Devi and D.S.P. Singh for the Petitioners; C.S.C., A.P. Tiwari and S.S. Tripathi for the Respondents.

JUDGMENT

Hon’ble V.K. Shukla, J.—Brief background of the present reference in brief is that in Writ Petition No. 52717 of 2013 (Ram Briksha and another v. Dy. Director of Consolidation and others) name of petitioner stood recorded over the land in dispute since 1359 Fasli and in previous consolidation Ram Belash did not file any objection, claiming his rights and accordingly objection came forward that his objection in subsequent consolidation proceedings under Section 9 A(2) of U.P. Consolidation of Holdings Act 1953, claiming right over the said land was barred under Section 49 of U.P. Consolidation of Holdings Act, 1953.

2. The said objection in question was resisted by contending that Ram Vilas was the real brother of petitioner and was a co-sharer alongwith them as such bar contained under Section 49 of the Act would not apply.

3. Faced with this situation, the Learned Single Judge, as important point of law has been raised that would affect the public at large, made request for matter being placed before the Larger Bench and Hon’ble the Chief Justice was requested for formation of Bench. The reference in question contains following questions :

“(i) Whether use of words “could
















































































































































































































































































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