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2015 Supreme(All) 3456

RAM SURAT RAM (MAURYA)
Afsar Ali – Appellant
Versus
Dy. Director of Consolidation, Bareilly – Respondent


Advocates Appeared:
For the Petitioner: M.N. Singh
For the Respondent: C.S.C.,S.F.A. Naqvi, Shivaji Singh Sisodiya

JUDGMENT

Ram Surat Ram (Maurya), J.

1. Heard Sri M.N. Singh, for the petitioners and Sri S.F.A. Naqvi, along with Sri Shivaji Singh Sisodiya, for respondents-2 and 29.

2. The writ petition has been filed against the order of Deputy Director of Consolidation dated 05.06.2015, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

3. The dispute relates to the share of the parties in basic consolidation year khata 587 (consisting plots 239 (area 10 biswa), 242 (area 19 biswa) and 1185 (area 5 biswa) (total 1 bigha 14 biswa) of village Thiriya Nizawat Khan, tahsil and district Bareilly. It may be mentioned that in lieu of plots 239 (area 10 biswa), 242 (area 19 biswa) and 1185 (area 5 biswa) (total 1 bigha 14 biswa), Chak 1034 on plots 239/1, 239/2, 240, 241 and 242 (total area 1 bigha 10 biswa 14 biswansi) was allotted. In basic consolidation year, khata in dispute was recorded in the names of Yaqoob Khan (now represented by respondents-8 to 11), Akbar Khan (now represented by respondent-7), Mehdi Hasan Khan son of Nasarullah Khan, Shanshah Wali (now represented by respondents-40 to 41), Sher Mohammad (now represented by respond









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