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2014 Supreme(All) 3356

RAM SURAT RAM (MAURYA)
Brijendra – Appellant
Versus
D. D. C. – Respondent


Advocates Appeared:
For the Appellant : C.B. Pandey and P.K. Khare
For the Respondents: C.S.C., Amjad Siddiqui, D.R. Sheelu, Mohd. Ali, Amir Naqvi, Piyush Mishra, R.S. Yadav, Rajendra Pandey and Vijay Kumar Tripathi

JUDGMENT

Ram Surat Ram (Maurya), J.

1. Heard Sri P.K. Khare and Sri C.B. Pandey, for the petitioners and Sri Mohd. Arif Khan, Senior Advocate, assisted by Sri Mohd. Ali and Sri Piyush Mishra, for contesting respondents. The writ petition has been filed against the orders of Consolidation Officer dated 3.11.1979, Settlement Officer Consolidation dated 15.2.1996 and Deputy Director of Consolidation dated 16.7.2001, passed in title proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

2. The dispute between the parties is in respect of the land recorded in basic consolidation year khata 22 of village Bibipur, pargana Surhur, district Ambedkar Nagar, which was recorded in the name of Smt. Pyari wife of Achhai-bar. Nand Kishor (now represented by respondents-4 to 6) (hereinafter referred to as the respondents) filed an objection for deleting the name of Smt. Pyari and recording his name over the khata in dispute. It was stated by Nand Kishor that the land in dispute was the property of Ram Hit son of Hardeen and was inherited by his son Bhodar. Bhodar died issueless in December 1955. At that time amongst the brothers of Ram Hit, Nand Kishor alone

















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