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2015 Supreme(All) 2575

RAM SURAT RAM (MAURYA)
Mahendra Singh – Appellant
Versus
Dy. Director of Consolidation – Respondent


Advocates Appeared:
For the Appellant : Indra Pal Singh Rajpoot
For the Respondents: C.S.C. and Anuj Kumar

JUDGMENT

Ram Surat Ram (Maurya), J.

1. Heard Sri Indra Pal Singh Rajpoot, for the petitioner. The writ petition has been filed against the orders of Settlement Officer Consolidation dated 30.4.2012 and Deputy Director of Consolidation dated 19.1.2015, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').

2. The dispute relates to the land recorded in basic consolidation year khata 510 [consisting plots 34 (area 0.84 acre), 389 (area 0.16 acre) and 776 (area 1.60 acre)] of village Kashipura, tahsil Kulpahar, district Mahoba, which was recorded in the name of Chinuwa (respondent-3). Notification under section 9 of the Act for the village was issued on 15.9.1981, section 20 was issued on 20.1.1983. Thereafter Provisional Consolidation Scheme was confirmed and possession over confirmed chaks were delivered up to 31.8.1985. As no objection was filed up to that time as such chak was carved out in the name of Chinuwa.

3. It is alleged that Mahendra Singh (the petitioner) filed a time barred objection, claiming the land in dispute on the basis of his continuous possession since before date of vesting, along with delay condonation appl







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