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2021 Supreme(All) 773

DINESH PATHAK
Akhil Kumar Agarwal – Appellant
Versus
District Deputy Director Of Consolidation – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Rituvendra Singh Nagvanshi, Narayan Dutt Shukla, R.C. Singh Sr. Advocate
For the Respondent: Chaudhary Subhash Kumar, Rudreshwari Prasad

JUDGMENT :

1. Heard Sri R.C. Singh, Senior Advocate assisted by Sri Narayan Dutt Shukla, learned counsel for the petitioner, Sri Rudreshwari Prasad and Sri Chaudhary Subhash Kumar, learned counsel for respondent nos.2/1 and 2/2 and learned Standing Counsel representing respondent no.1 and perused the record.

2. In view of the peculiar facts and circumstances of the case, the order proposed to be passed hereinunder as well as with the consent of the parties, this Court proceeded to finally decide this matter at the admission stage, without calling for their respective affidavits, i.e. counter affidavit and rejoinder affidavit, with liberty to the contesting respondents to move a recall application, in case, any fact is found incorrect.

3. Under challenge in the present writ petition is order dated 30.10.2020 (Annexure-18) passed by the Deputy Director of Consolidation (in brevity ‘D.D.C.’) (respondent no.1) in Revision No.2019530633000004 (Jagram vs. Balram) under Section 48 of the U.P. Consolidation of Holdings Act, 1953 (in brevity ‘U.P.C.H. Act’).

4. Present writ petition is arising out of a proceeding under Section 12 of the U.P.C.H. Act. Land in dispute was recorded in the name of

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