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2023 Supreme(All) 670

CHANDRA KUMAR RAI
Havaldar Singh – Appellant
Versus
District Deputy Director of Consolidation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Narayan Dutt Shukla, Rituvendra Singh Nagvanshi, Shiv Chand Yadav, Shyam Lal, Sr. Advocate
For the Respondent: Rameshwar Prasad Shukla

JUDGMENT :

1. Heard Mr. R.C. Singh, learned Senior Counsel assisted by Mr. Narayan Dutt Shukla, learned Counsel for the petitioners, learned Standing Counsel for the State-respondents and Mr. Rameshwar Prasad Shukla for respondent No.3, Gaon Sabha.

2. Brief facts of the case are that predecessors-in-interest of the petitioners namely Shri Laxmi Singh was recorded owner of disputed plot no. 362 situated in village-Kishundurpur, Tappa-Attaisi, Pergana-Nizamabad, Tahasil-Sadar, District-Azamgarh. Copy of Khewat of 1356 fasli to 1359 fasli of the Village Kishundaspur, Tappa Attaisi, Pargana Nizamabad Tehsil Sadar District Azamgarh has been annexed as Annexure No. 1 to the writ petition in order to demonstrate the ownership of petitioners' predecessors-in-interest. Copy of khatauni of 1356 fasli, 1359 fasli as well as khasra of 1359 fasli have been annexed as Annexure Nos. 2, 3 and 4 to the writ petition to demonstrate the ownership of the petitioners' predecessors-in-interest. Village was brought under consolidation operation on 30.10.1955 by way of notification issued under Section 4 of the U.P.C.H. Act. In the khatauni of 1362 fasli, plot no. 362 was recorded in the name of petitioners

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