B.L.YADAV
Palakdhari – Appellant
Versus
Deputy Director of Consolidation – Respondent
B.L. YADAV, J.
1. By the present petition under Article 226 of the Constitution of India the prayer is that the order dated 9-7-74 passed by the Deputy Director of Consolidation, the order dated 12-10-73 passed by the Settlement Officer Consolidation and the order dated 18-4-73 passed by the Consolidation Officer in proceedings u/s 9-A (2) of the Consolidation of Holdings Act, 1953, (for short the Act), may be quashed by issuing a writ of Certiorari.
2. The Petitioner is a member of the Gaon Sabha of village Panchauha, district Gorakhpur. He filed objection in proceedings u/s 9-A(2) of the Act in respect of plot No. 274 and other plots. These plots along with other plots were recorded as Khalihan, abadi, banjar and pokhari etc. as stated in the second paragraph of the order of the Consolidation Officer (Annexure-1 to the petition), that the land in dispute has vested in the Goan Sabha and Respondent No. 2 was incorrectly asserting his rights claiming sirdari and bhumidhari rights and that he was not in possession, even though incorrectly, the proceedings u/s 145 Code of Criminal Procedure has been decided in his favour and that the order in proceedings under Rule 115-D of t
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