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2021 Supreme(All) 630

RAJNISH KUMAR
Ram Lakhan – Appellant
Versus
J. D. C. – Respondent


Advocates Appeared:
For the Petitioner: A.S. Chaudhary, Arun Kumar Yadav, Prabhakar Vardhan Chaudha.
For the Respondent: C.S.C., S.P. Tiwari.

JUDGMENT :

Rajnish Kumar, J.

1. Heard, Sri P.V. Chaudhary, learned counsel for the petitioner and Sri S.P. Tiwari, learned counsel for the private respondents. Chief Standing Counsel has accepted notice on behalf of opposite party no.1.

2. The instant writ petition has been filed challenging the judgement and order dated 29.08.1985 passed by the opposite party no.1 i.e. Joint Director of Consolidation, Sultanpur(here-in-after referred as JDC).

3. The dispute relates to Plots of Gata No.47, situated in Village-Tihra, Pargana-Barosa,Tehsil and District-Sultanpur, which was recorded in the names of the petitioner-Ram Lakhan(now the deceased) and Ram Deen, son of Budhai, and uncle of the petitioner in the basic year. A joint objection dated 23.12.1978 was filed by Smt.Jhabra, the opposite party no.2(now deceased) and Ram Kishun, son of Budhai (now deceased), claiming co-tenancy in the disputed gata. The Consolidation Officer, by means of the order dated 24.11.1980, rejected the claim of Ram Kishun and Har Deen and determined the share of the petitioner as 2/3rd and the opposite party

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