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2017 Supreme(All) 1726

ANJANI KUMAR MISHRA
Jagat Narayan Singh – Appellant
Versus
D. D. C. – Respondent


Advocates Appeared:
For the Petitioner:- Ramesh Chandra Singh,Dinesh Kumar Singh
For the Respondent:- C.S.C.,Shailendra Kumar Singh

JUDGMENT

Anjani Kumar Mishra,J.

Heard Shri R.C. Singh, learned counsel for the petitioner and Shri Shailendra Kumar Singh for the caveator Gauri Shankar, respondent no. 2.

The instant writ petition has been filed seeking a writ of certiorari for quashing the order dated 28.10.2016 passed by the Deputy Director of Consolidation, whereby he has allowed a restoration application filed by the caveator, respondent no. 2 and has set aside an order dated 05.06.1999, which was allegedly a compromise order.

3. The facts of the case briefly stated are that the dispute in the writ petition pertains to plot no. 866 situated in Village Chitrasenpur, Pargana Kaswar Raja, Tehsil and District Varanasi. Admittedly this plot is valuable road side land as it is situated adjacent to the G.T. Road.

4. The disputed plot appears to have been allotted in the chak of one Kedar Singh, since deceased and succeeded by the respondents 3 to 8.

5. An objection under Section 9B of the U.P. Consolidation of Holdings Act appears to have been filed by one Smt. Lalmati praying that the plot no. 866-B be declared chak out.

6. It has been averred in the writ petition that the Consolidation Officer, by his order dated 27








































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