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2021 Supreme(All) 503

RAJNISH KUMAR
Bharat Prasad – Appellant
Versus
D. D. C. , Sitapur – Respondent


Advocates Appeared:
For the Petitioner: K.N. Srivastava, S.C. Sitapuri.
For the Respondent: C.S.C., Ashish Srivastava, Manoj Kumar Srivastava, Narendra Gupta, Sudhir Kumar Misra.

JUDGMENT :

1. Heard Shri S.C. Sitapuri, learned counsel for the petitioners and Shri Sudhir Kumar Mishra, learned counsel for the opposite parties.

2. This writ petition has been filed under Article 226 of the Constitution of India for a Writ of Certiorari for quashing the judgment and order dated 05.07.2005 passed by the Deputy Director of Consolidation, Sitapur (here-in-after referred as DDC, Sitapur) in Revision No.302/283/270/266/204/80//66, Cheddu and Others Vs. Bharat and Others, under Section 48 of the Consolidation of Holdings Act, 1953 and for a writ of mandamus to the opposite parties not to disturb the petitioners' possession over the disputed land i.e. Gata No.408 (Khata No.120).

3. The land in dispute was originally owned by late Aziz Khan S/o Pahelwan Khan. He sold the land to the petitioners namely Bharat Prasad, Ram Pal, Bhagwan Deen, Ramhetu and Raja Ram through a registered sale deed on 03.09.1982. In pursuance thereof the petitioners filed a mutation case which was decided in their favour and the names of the petitioners were recorded. One Israr, claiming him to be nephew of late Aziz Khan, filed a suit bearing no.423 of 1982 for cancellation of sale deed dated 03.0

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