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1976 Supreme(All) 449

K.N.SINGH
Onkar Nath Dubey – Appellant
Versus
Dy. Director of Consolidation – Respondent


Advocates Appeared:
For the Appellant : Sankatha Rai.
For the Respondent: Gyan Chandra, S.K. Vidyarthi and S.C.

JUDGMENT :

K.N. Singh, J.

Onkar Nath Dubey, the Petitioner, filed objection u/s 9A of the U.P. Consolidation of Holdings Act claiming one half share in Khata No. 65 of Village Kachchwa Bojh pargana Bhadohi district Varanasi, which was recorded in the basic year as Bhumidhari of Alakh Deo. His objection was contested by Alakhdeo, opposite party No. 2 on the ground that Adinath, as guardian of Onkar Nath Dubcy Petitioner, had executed a said deed on 19-12-1953 transferring the said khata to him for consideration. Since then he has continued in possession and his name was also mutated in the revenue papers. The Consolidation Officer rejected the Petitioner's claim by his order dated 7-5-1970. The Settlement Officer (Consolidation) affirmed the order of the Consolidation Officer in appeal. The Deputy Director of Consolidation dismissed the Petitioner's revision and upheld the order of the Settlement Officer (Consolidation). Aggrieved the Petitioner filed this petition under Article 226 of the Constitution challenging the aforesaid three orders of the consolidation authorities dismissing his claim for one half share in the Khata in dispute.

2. Learned Counsel for the Petitioner urged that






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