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2015 Supreme(All) 4063

ANJANI KUMAR MISHRA
Green Land Public School Samiti, Duhai Ghaziabad – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner:- Radhey Shyam Dwivedi, Advocate.
For the Respondents:- C.S.C., Anil Tiwari and Lal Sahab Yadav, Advocates.

JUDGMENT

Anjani Kumar Mishra, J. –

Heard Sri Kshitij Shailendra for the petitioner and Sri SC Verma for the respondents.

2. CM Application (Substitution) No. 389327 of 21014 has been filed to bring on record heirs of the sole petitioner, since deceased. The application is within time. The respondents have no objection.

3. Accordingly, the said application is allowed.

4. Let the substituted heirs be incorporated forthwith.

5. The writ petition arises out of an objection under section 9A(2) of UP ZA and LR Act. The dispute in the writ petition relates to khata nos. 162 and 149, of village Gujarpur Gaharwar. By means of this writ petition, the petitioner has sought for quashing of the orders dated 13.10.1982, 25.5.1981 and 11.1.1980, passed, respectively, by the Assistant Director of Consolidation, the Settlement Officer. Consolidation and the Consolidation Officer, Fatehgarh.

6. The land in question admittedly belonged to one Dular. The contesting respondent claims that he is son of Dular. Admittedly, the petitioner is daughter of Dular.

7. In the basic year record, the land in question was recorded in the name of the petitioner. The contesting respondent Subedar filed objection under sectio













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