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2016 Supreme(All) 2690

RAM SURAT RAM (MAURYA)
Mohan – Appellant
Versus
Deputy Director of Consolidation Rampur – Respondent


Advocates Appeared:
For the Petitioner: K. Ajit.
For the Respondent: C.S.C., Archana Singh, Shreeprakash Singh.

JUDGMENT

Ram Surat Ram (Maurya),J.

1. Heard Sri K. Ajit, for the petitioners and Sri Shreeprakash Singh, for respondents-4.

2. The writ petition has been filed against the orders of Consolidation Officer dated 18.02.2010, Settlement Officer Consolidation dated 09.11.2012 and Deputy Director of Consolidation dated 31.05.2016, passed in title proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

3. The dispute relates to the land of basic consolidation year khatas 259, 674 and 1048, of village Dadiyal Ehatmali, tahsil Tanda, district Rampur. which were recorded in the name of Gyani son of Tika Ram (now represented by the petitioners). Bhagwan Das (respondent-4) filed an objection (registered as Case 48/2009-10) under Section 9-A of the Act, on 01.05.1997 claiming co-tenancy of 1/2 share in the land in dispute. It has been stated by Bhagwan Das that the land in dispute was ancestral property, from the time of common ancestor Tika Ram son Moti, who had two sons Kaluwa and Gyani. Kaluwa died about 40 years ago during life time of his father Tika Ram, leaving behind him, his minor son Bhagwan Das as his only heir. After death of Tika Ram, the name













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