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2022 Supreme(All) 52

CHANDRA KUMAR RAI
Om Pal – Appellant
Versus
Deputy Director of Consolidation, Muzaffar Nagar – Respondent


Advocates Appeared:
For The Appellant : Suyigya Kumar Sharma, Sudhir Kumar Pandey
For The Respondent: C.S.C., Rahul Kumar Tyagi

JUDGMENT :

Chandra Kumar Rai, J.

Heard Mr. S K Mishra & Mr. S.K. Pandey, learned counsel for the petitioner and Mr. Rahul Kumar Tyagi, Advocate for contesting respondent No. 2.

1. The instant writ petition has been filed by the petitioner for quashing the impugned revisional order dated 9.9.2016 passed by respondent no. 1 in Revision No. 558, under Section 48 of U.P. C.H. Act (Annexure No-2 to the writ petition).

2. The brief fact of the case are as follows:

    Petitioner is chak holder no. 131 and respondent no.2 is chak holder nos. 12 & 180. Petitioner is original tenure holder of plot no. 217, area 0.0460 hectare and plot no. 218, area 0.0460 hectare as well as of plot no. 560, 543 & 560, total area 0.2693 hectare and the Assistant Consolidation officer has proposed chak in the year 2013, comprising of plot No. 214/1, area 0.2152, plot no. 215, area 0.0050, plot no. 216 area 0•0350, plot no. 217, area 0.0050, total area 0.2602 hectare. CH. 23 part 1 relating to petitioner has been annexed as Annexure No 1 to the writ petition. Petitioner has annexed the village map as Annexure No-6 to the writ petition to demonstrate that original plot No-217 & 218 are road side plot and road was number

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