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2021 Supreme(All) 44

PRAKASH PADIA
Sibtulain Khan – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S. Rashid
For the Respondent: C.S.C., Ramesh Chandra Upadhyay

JUDGMENT :

1. Heard Sri S. Rashid, learned counsel for the petitioner and learned Standing Counsel appearing for the respondent Nos.1 to 4.

2. The petitioner has preferred the present writ petition inter-alia with the prayer to quash the order dated 30.11.2016 passed by Deputy Director of Consolidation, Azamgarh in Revision No.100 under Section 48 of the Consolidation of Holdings Act, 1953 (hereinafter referred to as “the Act, 1953”) with further prayer to allow the application filed by the petitioner under Rule 109 of the U.P. Consolidation of Holdings Rules, 1954 (hereinafter referred to as “the Rules, 1954).

3. Facts in brief as contained in the writ petition are that plot No.228 area 2-0000 acres, 235/2 area 1-205 Kadi and 237 area 1.640 Kadi in the name of the petitioner as well as his brother namely Sri Sikandar, The aforesaid lands were recorded in the revenue records as Sirdar. After the death of the brother of the petitioner, the name of his legal heirs were duly substituted in the revenue records.

4. An objection under Section 9 of the Act, 1953 was moved by one Riyaz and others. The aforesaid objection was decided by the Consolidation Officer vide his order dated 16.12.1971

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