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2017 Supreme(All) 596

RAM SURAT RAM (MAURYA)
AIJAZ AHMAD – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION – Respondent


Advocates:
Counsel :
R.K. Kakkar, S.K. Kakkar and Sumit Kakkar for the Petitioners; C.S.C., B.D. Triapathi, Avneesh Tripathi, K.K. Dwivedi, K.M. Tripathi and Ratnesh Kumar Shukla for the Respondents.

JUDGMENT

Hon’ble Ram Surat Ram (Maurya), J.—Heard Sri R.K. Kakkar alongwith Sri Sumit Kakkar, for the petitioners and Sri Avneesh Tripathi, for contesting respondents.

2. The writ petition has been filed against the orders of Assistant Settlement Officer Consolidation dated 23.7.1976 and Joint Director of Consolidation dated 27.10.1976, passed in title proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to the Act).

3. Dispute between the parties is in respect of land recorded in basic consolidation year khata-109 (consisting plots 124, 644, 744, 768, 1182, 1298, 1346, 1447, 1498, 1503, 1714, 651 and 1730) of village Hirdayapur, tahsil Hapur, district Meerut. In basic consolidation year, names of Naimuddin, Tayyab, Iqbal Ahmad, Qafil Ahmad and Jamal Ahmad (respondents-4 to 8) (hereinafter referred to as the respondents) were recorded. The petitioners filed an objection (registered as Case No. 4078/227/2811) under Section 9-A of the Act, for recording their names as sirdar of the land in dispute. It has been stated by the petitioners that they were in actual physical possession of the disputed land on the date of vesting and acquired adhivasi and subseque


















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