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2017 Supreme(All) 2714

DEVENDRA KUMAR UPADHYAYA
Kushal Kumar Katiyar – Appellant
Versus
Deputy Director of Consolidation District Unnao – Respondent


Advocates Appeared:
For the Appellants :Brijesh Kumar, Advocate.
For the Respondents:C.S.C, P.V. Chaudhary and Yogendra Nath Yadav, Advocates.

JUDGMENT :

DEVENDRA KUMAR UPADHYAYA, J.

1. Heard Shri Brijesh Kumar, learned counsel for the petitioners and Shri P.V. Chaudhary, learned counsel representing the respondent no.2.

2. By means of this petition filed under Article 226 of the Constitution of India, the petitioner challenges the validity of the order dated 25.03.2014, passed by the Deputy Director of Consolidation, whereby the order passed by the Settlement Officer, Consolidation on 12.02.2014 and the order passed by the Consolidation Officer dated 10.10.2013 have been set aside and the chak of respondent no.2 having valuation of 81.36 which was allotted to him at plot no.348 etc. has been abolished and he has been given the chak on plot no.380 etc.

3. By means of a supplementary affidavit, the provisional consolidation scheme, whereby chak to the petitioner no.1, petitioner no.2 and also respondent no.2 were proposed by the Assistant Consolidation Officer have been brought on record. Respondent no.2 was proposed three chaks by the Assistant Consolidation Officer. The first chak was proposed to him on plot nos.343M, 345M and 348M. The second chak proposed to respondent no.2 was on plot nos. 64/1, 68M and 69M. As far as the











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