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2021 Supreme(All) 1587

DINESH PATHAK
Ambika Prasad – Appellant
Versus
Additional District Magistrate – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mazhar Abbas Zaidi,Sunil Kumar Yadav
For the Respondent: C.S.C.,Shiv Dayal Tiwari

JUDGMENT :

Dinesh Pathak, J.

Heard Sri Mazhar Abbas Zaidi, learned counsel for the petitioner, who has appeared through video conferencing. Learned Standing Counsel for the respondent nos.1 to 3 and Sri Shiv Dayal Tiwari, learned counsel for the respondent nos.4 to 7, at admission stage.

2. Petitioners have filed the present writ petition challenging the impugned order dated 07.01.2021 passed by the Additional District Magistrate, Basti (respondent no.1) exercising his power under Section 48 of the U.P. Consolidation of Holdings Act, 1953 (in brevity "U.P.C.H. Act") in Revision No.459 of 2020 (Computerized No.D-202017140001798) (Suit No.01798 of 2020) (Ambika Prasad and Others vs. Smt. Savitri Devi and Others) and order dated 09.01.20215 passed by the Settlement Officer of Consolidation, Basti (in brevity "S.O.C.")(respondent no.3) in Appeal No.120 under Section 11 (1) of the U.P.C.H. Act.

3. Present writ petition is arising out of proceeding under section 12 of UPCH Act. Dispute relates to property belongs to one Hari Prasad. Plot in question i.e. Khata No.407 situated in village Shankarpur was recorded in the name of Hari Prasad. After his death name of Ramsuresh @ Ramduresh (predece

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