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2017 Supreme(All) 861

SUNEET KUMAR
RAJ KUMAR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ruduvant Pratap Singh and Ramesh Chandra Singh for the Petitioner; C.S.C., A.K. Saxena, Mehboob Ahmad and Rajesh Yadav for the Respondents.

JUDGMENT

Hon’ble Suneet Kumar, J.—Heard Sri R.C. Singh, learned counsel for the petitioner and learned Standing Counsel for the State respondents.

2. Petitioner is aggrieved by the order passed by the District Deputy Director of Consolidation affirming the order passed by the of Settlement Officer of Consolidation, whereby, the order of the Consolidation Officer directing to enter the name of the petitioner in the revenue record has been reversed.

3. During consolidation proceedings objection came to be filed by the petitioner under Section 9(A)2 of the U.P. Consolidation of Holdings Act, 1953, before the Consolidation Officer contending that he is landless agricultural labour belonging to scheduled caste community and is in possession of the disputed property prior to the cut of date i.e. 30 June 1985, therefore, the disputed plot stood settled as bhumidhar with non-transferable rights in terms of Section 122-B (4F) of U.P. Zamindari Abolition and Land Reforms Act, 1950 (Act). The objection was allowed upon recording the statement of one Tulsi and member of the Consolidation Committee.

4. Aggrieved, Gaon Sabha preferred an appeal which was allowed on 30 December 2012 by the Settlem


























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