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2022 Supreme(All) 270

SALIL KUMAR RAI
Mohammaed Ali – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Amit Saxena, S.S. Sisodiya.
For the Respondents: Anand Prakash Srivastava, Dashrath Lal Yadav, K.D. Tripathi, Nitin Raj Singh, Tripathi B.G. Bhai, Ved Mani Tiwari.

JUDGMENT :

SALIL KUMAR RAI, J.

1. Heard the counsel for the parties and also perused the records of Writ (B) No. 5199 of 2012 (Shamim Khan vs. Deputy Director of Consolidation, Bareilly and Others). The original records produced by the State-respondents in pursuance to the order dated 5.3.2018 were also perused by the Court.

2. The petitioner challenges the order dated 7.2.2011 passed by the Deputy Director of Consolidation, Bareilly (hereinafter referred to as D.D.C.) the effect of which is to restore in C.H. Form 45, the name of Panna Lal Mishra, the predecessor in interest of respondent Nos. 6 to 10 as tenure holder of the plots in dispute between the petitioner and respondent Nos. 6 to 10. The name of Panna Lal Mishra was recorded in C.H. Form 45 on the basis of a sale-deed said to have been executed by the Managing Officer/Assistant Custodian (Evacuee Property) in his favour. The basic year records of the disputed plots displayed the name of one Mohd. Ali Khan, Pakistani under the administration of Custodian. According to respondents Mohd. Ali Khan was an evacuee as defined in the Administration of Evacuee Property Act, 1950 (hereinafter referred to as, Act 1950) and the plots we

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