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2003 Supreme(All) 2997

S.K.SINGH
Ram Prasad – Appellant
Versus
Deputy Director Of Consolidation – Respondent


Advocates Appeared:
For the Appellant : R.S. Misra.
For the Respondent: U.S.M. Tripathi, S.C.

JUDGMENT :

S.K. Singh, J.

By means of this Petition, Petitioner has challenged the judgment of the Deputy Director of Consolidation dated 5th March, 1975 (Annexure-4 to the writ petition) by which revision filed by the opposite party has been allowed and by condoning the delay in filing objection, matter has been sent to the Consolidation Officer for deciding the claim of the parties on the merits.

2. Parties counsel has been heard at some length.

3. There appears to be no dispute about the fact that basic year record shows name of the Petitioners as bhumidhar over the land in question. Objection was filed by the opposite party on 31st May, 1974, which was time-barred. It has been stated in para 4 of the objection that between the parties at an earlier stage the litigation has taken place in which it was finally held that the land in dispute is abadi of the objector but thereafter land was recorded as grove of the Petitioners. It was further stated that in the consolidation Partal the map has not been correctly prepared so prayer was made that the name of the Petitioner be expunged and the land be recorded as abadi. The Consolidation Officer by its judgment dated 30th June, 1975, by gi






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