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2017 Supreme(All) 2364

MANOJ MISRA
DAL SINGAR – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, MAU – Respondent


Advocates:
Counsel :
A.K. Maurya and Devendra Kumar for the Petitioners; C.S.C., Dilip Kr. Singh, J.P. Singh, Krishna Nand Rai and Vijay Anand Rai for the Respondents.

JUDGMENT

Hon’ble Manoj Misra, J.—Heard learned counsel for the petitioners; the learned Standing Counsel for the respondent No. 1; Sri K.N. Rai for the respondent Nos. 2/1; 3/1; and 4; Sri Dhirendra Singh holding brief of Sri J.P. Singh for the respondent No. 7 and perused the record.

2. The dispute in the present petition relates to plot No. 3300 area 3.390 at Village Dubaree, Pargana Natthupur, Tehsil Maghuwan, District Mau. The petitioners had filed an objection, under Section 9 of the Uttar Pradesh Consolidation of Holdings Act (in short C.H. Act), on 14.6.1984, claiming that they had been in possession of the land since before the abolition of zamindari and thereby had acquired bhumidhari rights thereon, therefore the name of the recorded tenure-holder be expunged and their names be recorded as bhumidhar thereof. On the date of filing of objection, a compromise application was also filed in which one of the signatories was Lal Bahadur, who claimed himself as power of attorney holder of the contesting respondents (the recorded tenure-holder). On the basis of said compromise, on 14.6.1984 itself, the Consolidation Officer directed recording of the name of the petitioners as bhumi














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