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2015 Supreme(All) 3330

RAM SURAT RAM (MAURYA)
Balchan – Appellant
Versus
Dy. Director Of Consolidation Mau – Respondent


Advocates Appeared:
For the Petitioner: Mainuddin Ahmad, Kamleshwar Singh
For the Respondent: C.S.C.

JUDGMENT

Ram Surat Ram (Maurya), J.

Heard Sri Kamleshwar Singh, for the petitioners.

2. The writ petition has been filed against the orders of Assistant Settlement Officer Consolidation dated 07.04.1979, Deputy Director of Consolidation dated 20.07.1981 and 05.08.2014, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

3. The dispute relates to khata 196 [consisting plots 733/1 (area 0.543 hectare) and 734 (area 0.085 hectare)] of village Ahirupur, tahsil Ghosi, district Azamgarh. In basic consolidation year, land in dispute was recorded in the name of Murari (father of respondent-3) and names of Vindhyanchal and others (now represented by the petitioners) were recorded in column-9 of the khatauni. The petitioners filed an objection under Section 9 of the Act, on 29.09.1976 for recording their names over the land in dispute as sirdar. It has been stated by the petitioners that land in dispute was in possession of their ancestors since before date of vesting and they had become its sirdar.

4. The case was tried by Consolidation Officer, who by his order dated 24.12.1977 dismissed the objected in respect of plot 734 and dire








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