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2019 Supreme(All) 9

ANJANI KUMAR MISHRA
Sanjay – Appellant
Versus
Deputy Director of Consolidation – Respondent


Advocates:
Advocate Appeared:
Amit Kumar Pandey, C.P. Upadhyay

JUDGMENT :

Anjani Kumar Mishra, J.

Heard learned counsel for the petitioner.

2. The instant writ petition seeks a writ of certiorari for quashing the order dated 27.10.2018 passed by the Deputy Director of Consolidation and the order dated 06.05.2006 passed by the Consolidation Officer.

3. The facts of the case briefly stated are that the dispute in the writ petition pertains to land, which was recorded in the name of one Ram Chandra. The petitioner claims on the basis of an unregistered will in his favour executed by said Ram Chandra on 01.12.1998.

4. It appears that on the start of consolidation operations, an objection was filed by the petitioner claiming on the basis of the will aforesaid.

5. The objection was allowed by the Consolidation Officer vide order dated 20.08.2002, the name of Ram Chandra was ordered to be expunged from Khata Nos.51 and 295 and in his place, the petitioner was ordered to be recorded.

6. Against this order, a restoration application was filed on 25.04.2003 by Kusum Devi and others.

7. The Consolidation Officer vide order dated 06.05.2006 allowed this restoration application on the ground that no notice or proclamation was available on the record, meaning there
















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