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2015 Supreme(All) 2580

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


Advocates Appeared:
For the Appellant : Wasim Alam and Anil Kumar
For the Respondents: C.S.C., Manoj Kumar Yadav, Madhur Prakash and Shamim Ahmad

JUDGMENT

Ram Surat Ram (Maurya), J.

1. Heard Sri Wasim Alam, for the petitioners and Sri Madhur Prakash, for respondents and Sri Shamim Ahmad for caveator. The writ petition has been filed against the order Deputy Director of Consolidation dated 28.11.2014, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

2. The dispute relates to double entries of the area of plot 654 of village Buzurga, pargana Sadiabad, district Ghazipur. Total area of various subplots of plot 654 were recorded as 63-13-4 bigha, in previous settlement records of the year 1880-F, 1356-F. In basic consolidation records, various sub-plots of plot 654 were recorded in khatas 7, 10, 40, 48, 61, 68, 69, 160, 164, 176, 250, 265, 266, 266-Aa and 266-Ba, in the names of different person. During field to field partial, total area of sub-plots of plot 654 was found as 63-13-4 bigha on the spot but while preparing CH Form-4, it was noticed by the subordinate consolidation authorities that total area of various sub-plots of plot 654, which were recorded in aforementioned basic consolidation year khatas, became 80-3-10 bigha. Thus an excess area of 16-10-6 bigha of p















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