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2015 Supreme(All) 3566

ANJANI KUMAR MISHRA
Niazu – Appellant
Versus
D. D. C. – Respondent


Advocates Appeared:
For the Appellant: Sripat Narain Singh
For the Respondents: S.A. Shahi, D.K. Singh, Rahul Sripat, S. Alim Shah and S.A. Shah, S.C.

JUDGMENT

Anjani Kumar Mishra, J.

1. Heard Shri Rahul Sripat, learned Counsel for the petitioner and learned Counsel for the respondents. The writ petition arises out of objection under section 9-A(2)of the U.P. Consolidation of Holdings Act. The dispute between the parties pertains to plot numbers 260/141, 268/147 of village Bhadi, District Muzaffarnagar.

2. The objection under section 9-A(2) is filed by the petitioner on the strength of his being recorded under class 9 since 1365 fasli while the contesting respondent was entered in the main column as bhumidhar. The claim of the petitioner was therefore one of adverse possession.

3. The Consolidation Officer (the CO) by his order dated 23.11.1981 dismissed the objection and directed that the petitioner's possession recorded during the portal, be expunged and the entry in favour of the contesting respondents be maintained.

4. The Settlement Officer, Consolidation (the SOC) by his order dated 22.2.1982 allowed the appeal filed by the petitioner. The consequential revision filed by the contesting respondents was allowed and the order of the CO was maintained. Hence this writ petition.

5. It has been contended by the learned Counsel for the











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