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2020 Supreme(All) 97

RAJNISH KUMAR
Bajrangi – Appellant
Versus
Joint Director Cons. Raebareli – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: S.C. Padney, Ashok Kr. Mishra, Maneesh Kumar Singh, Miss Navita Sharma, Navita Sharma, V.D. Sharma.
For the Respondent: Vimal K. Verma.

JUDGMENT :

RAJNISH KUMAR, J.

1. Heard, Ms. Navita Sharma, learned counsel for the petitioner, learned Standing Counsel and Shri Vimal Kishore Verma, learned counsel for the opposite parties no. 4 and 5.

2. This writ petition has been filed challenging the judgment and order dated 11.03.1999 and 22.06.1987 passed by the opposite parties no. 1 and 2 respectively.

3. The brief facts of the case for adjudication of the case in hand are that the petitioners had filed the objections under Section 9-A (2) of the U.P. Consolidation of Holdings Act, 1953 (here-in-after referred as the Act of 1953) on 16.09.1985 alleging therein that the land of the alleged Khata No. 414 is their ancestral property. It was earned jointly by three real brothers namely Lachhiman, Bhagwati and Raj Bahadur. Lachhiman was the eldest and Karta of the family therefore his name was recorded. It was submitted that they have 1/3rd share, upon which they are in possession and are cultivating the same. They are co-sharers in the aforesaid Khata No. 414 having numbers 1389 and 1045 situated at Gram Chilauli, Pargana Mohandganj, District-Raebareli. The opposite parties no. 4 and 5 had also filed their objections under Section

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