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2023 Supreme(All) 1005

CHANDRA KUMAR RAI
H. K. S. Developers Pvt. Ltd. – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Rahul Agarwal.
For the Respondent: Punit Kumar Gupta, Abhishek Shukla, Addl. C.S.C.

JUDGMENT :

1. Heard Mr. Rahul Agarwal, learned counsel for the petitioner, Mr. Punit Kumar Gupta, learned counsel for respondent no.3 and Mr. Abhishek Shukla, learned Addl. C.S.C. for the state-respondent.

2. Brief facts of the case are that in the basic year of the consolidation operation, plots of khata no.35, was recorded in the name of Jamuna Prasad, son of Govind. At the time of verification of the khatauni, Om Kumari and Krishnawati, being widows of Jamuna Prasad, were told to be recorded. During consolidation operation, Om Kumari and Krishnawati filed their objection that their name be recorded jointly over the plots of khata no.35. The Assistant Consolidation Officer on 2.3.1988 referred the matter before the Consolidation Officer and the Consolidation Officer vide order dated 15.3.1988, ordered to record the name of Om Kumari and Krishnawati jointly, being the widows of Late Jamuna Prasad and further ordered to expunge the name of Jamuna Prasad from the plots of khata no.35. Against the order of the Consolidation Officer dated 15.3.1988, Naresh Pal and others have filed appeal along with prayer for condonation of delay before the Settlement Officer (Consolidation). The Assis

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