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2004 Supreme(All) 2455

JANARDAN SAHAI
Fateh Singh – Appellant
Versus
Deputy Director of Consolidation – Respondent


Advocates Appeared:
For the Appellants : A.N. Verma, Madhu Tandon, G.N. Verma.
For the Respondents: Anupam Kulshreshtha, V.K. Singh, S.N. Singh.

JUDGMENT :

JANARDAN SAHAI, J.

1. The facts of this case lie in a narrow compass. Plot No. 991 was recorded as banjar land of the Gaon Sabha. Brijendra Singh the Petitioner's father filed an application before the Consolidation Officer alleging that this plot lies in the midst of his plots and therefore after determining its valuation it may be allotted in his chak. The Consolidation Officer accepted his prayer and made the allotment on 16.4.1989. According to the Respondent No. 4 the Gram Sabha and the Respondent No. 5, Badley Singh, the inhabitants of the village had a right of passage over the said plot No. 991 but the Petitioner's father who happened to be the Pradhan of the village and also the Chairman of the Consolidation Committee misused his position and got the valuation of this plot of the Gaon Sabha fixed at 40 paisa only in contrast to the valuation of 100 paisa of the adjoining plots. He then obtained its allotment to himself. This fraud was not noticed by the inhabitants until the Petitioner recently started making constructions over the plot, blocking the passage. The Respondent No. 5 Badley Singh then rushed to the Consolidation Officer and filed objections u/s 20 of















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