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2020 Supreme(All) 107

ANJANI KUMAR MISHRA
Gulab Singh – Appellant
Versus
D. D. C. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Pankaj Tripathi, H.S.N. Tripathi, R.K. Ojha, Ramesh Chandra Singh, Vinod Kumar Singh
For the Respondent: C.S.C., A.R. Dubey, Arvind Kumar Shukla, Chandan Sharma, Hari Shanker Mishra, Onkar Dutt Malviya, Shailendra Singh

JUDGMENT :

1. Heard Sri R.C. Singh for the petitioners. Respondents had been heard on the previous occasion.

2. The instant writ petition arises out of an objection under Section 9-A (2) filed by Naresh Bahadur Singh, respondent no.4, claiming co-tenancy to the extent of 1/4th share, on the ground that he was the daughter's son of Mst. Dashraja. It was the case in the objection that the land in dispute was ancestral acquisition of Bal Karan Singh, who had four sons and that Smt. Dasraja was widow of one of the four sons, namely, Bhanu Pratap Singh. Bhanu Pratap Singh left behind, apart from his widown, a daughter, Dittan and Naresh Bahadur Singh is the son of Dittan.

3. It appears that another objection was filed but the same appears to be of no consequence, in so far as this writ petition is concerned. Therefore, the same is not being adverted to.

4. In the basic year record, the land in issue was recorded in the name of Sita Saran, Gulab Singh and Birendra sons of Rudra Pratap and Kallu son of Ram Pratap.

5. The Consolidation Officer vide order dated 25.08.1982, allowed the objection of Naresh Bahadur regarding khata no.14 and 185 of village Mishirpur as also regarding khata no.5 of v

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