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2021 Supreme(All) 1487

RAJNISH KUMAR
Babu Ali – Appellant
Versus
D. D. C. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.K.Sharma, D K Trivedi, Dwijendra Mishra, U K Pandey Counsel
For the Respondent: Ashish Jaiswal, D.C. Mukerjee, S.Mirza, Surendra Pal Singh

JUDGMENT :

1. Heard, Shri Dwijendra Mishra, learned counsel for the petitioners and Shri Ashish Jaiswal, learned counsel for the legal heirs of opposite party no.3 i.e. opposite parties no.3/1/1 to 3/4/7. Notice on behalf of opposite parties no.1 and 2 has been accepted by learned Chief Standing Counsel.

2. This petition has been filed challenging the orders dated 05.11.1981 and 22.05.1984 passed by Assistant Settlement Officer of Consolidation and order dated 28.11.1985 passed by the Deputy Director of Consolidation, Sitapur.

3. The dispute in the instant writ petition relates to Khata No.123, consisting of Plot Nos. 2100/2, 2101/1 measuring 0.70, 2113 measuring 0.5 and 244 measuring 0.46, which was recorded in the basic year Khatauni in the name of Kallu, the father of the petitioner Mohd. Hussain @ Ghamar, who has now been substituted by his legal heir after his death. Mohd. Hussain @ Ghamar had filed an objection during consolidation that he was the son of Kallu, therefore his name be recorded on the plots in dispute. One Sukai filed an objection claiming rights on the basis o

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