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2015 Supreme(All) 2579

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


Advocates Appeared:
For the Appellant : K.N. Rai and Vijay Anand Rai
For the Respondents: C.S.C. and J.P. Sharma

JUDGMENT

Ram Surat Ram (Maurya), J.

1. Heard Sri K.N. Rai, for the petitioners and Sri J.P. Sharma, for the contesting respondent-4. The writ petition has been filed against orders of Consolidation Officer dated 3.3.2010, Settlement Officer Consolidation dated 11.8.2014 and Deputy Director of Consolidation dated 27.10.2014 passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

2. The dispute between the parties is in respect of share in plot 424 (area 0.73 acre) of village Kotawa, pargana Jalhupur, district Varanasi. In basic consolidation year, land in dispute was recorded in two khats 34 and 347. Khata 34 (consisting plot 424, area 0.385 acre) was recorded in the name of Khattoo son of Hazari (petitioner-1) and khata 347 (consisting plot 424, area 0.345 acre) was recorded in the name of Hazari son of Gullu (now represented by the petitioners). Dashrath alias Dashmi (respondent-4) filed two separate objections, in aforesaid khatas, claiming his 1/4 share in plot 424 (area 0.73 acre). It has been stated by respondent-4 that his father was having 1/4 share in the land in dispute and remaining 3/4 share belonged to Ram Sewak son o


















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