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2021 Supreme(All) 104

RAJNISH KUMAR
Krishna Dutt Pandey – Appellant
Versus
Joint Director of Consolidation – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: H.S. Sahai, Priti Saxena, Uma Shankar Sahai.
For the Respondents: S.P. Shukla, Anand Kumar Shukla, Avinash Chandra Pandey, R.P. Shukla, Rahul Roshan Dubey, Ravi Kishore Joshi, Vivek Kumar Tiwari.

JUDGMENT :

RAJNISH KUMAR, J.

1. Heard Sri. U.S. Sahai, learned counsel for the petitioners and Sri. Avinash Chandra Pandey, learned counsel for the respondent.

2. The instant writ petition has been filed challenging the order dated 13.07.1982 passed in Case No. 3563 by the Consolidation Officer and the order dated 26.07.1989 passed in Revision No. 1402/942 by the Joint Director of Consolidation, Sultanpur, by means of which the order passed by the Settlement Officer Consolidation, Musafirkhana, District-Sultanpur in Appeal No. 234 has been set aside and the order passed by the Consolidation Officer has been upheld.

3. The brief facts of the case, for adjudication of the present writ petition, are that the dispute pertains to Plot No. 366, which was recorded in the name of the petitioners as bhumidhars in the basic year. On publication of record under Section 9 of the U.P. Consolidation of Holdings Act 1953(hereinafter referred to as the Act of 1953), the opposite party nos. 3 to 8 filed objections claiming that the parties hailed from common ancestor and the land in dispute is old grove and the names of the opposite parties have been omitted to be recorded, as such, their names should

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