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2017 Supreme(All) 1807

DEVENDRA KUMAR ARORA
RAM BHAWAN – Appellant
Versus
JOINT DIRECTOR OF CONSOLIDATION, FAIZABAD – Respondent


Advocates:
Counsel :
M.C. Trivedi, A.S. Chauhan and R.S. Tripathi for the Petitioners; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Dr. Devendra Kumar Arora, J.—Heard Sri P.V. Chaudhary, learned Counsel for the petitioner and the learned Standing Counsel.

2. By means of instant writ petition, petitioners have challenged the orders whereby the Joint Director of Consolidation accepted the reference made under Section 48 (3) of the U.P. Consolidation of Holdings Act [in short referred to as the ‘’Act’] by the learned Settlement Officer of Consolidation and set aside the order passed by the Assistant Consolidation Officer regarding mutation of petitioner’s name.

3. According to the learned Counsel, petitioners had purchased complete Chaks after 7th December,1974 from their different vendors in the Villages in which they reside except petitioners No. 17, 18, 21 and 22, who had purchased complete chaks in the Villages Chandpur Bhatpura Pargana and Tehsil Akbarpur, District Faizabad and Arjunpur, Pargana Minjhaura, Tehsil Akbarpur, District Faizabad respectively. The consolidation proceedings both under Section 9 and Section 20 of the Act were entirely completed by the Ist week of December, 1974 and the petitioners were under an honest belief that complete chaks could be bought even before issuance of



















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