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2023 Supreme(All) 1057

SAURABH SHYAM SHAMSHERY
Amar Singh – Appellant
Versus
D. D. C. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri R.P. Tiwari, Advocate
For the Respondent: Sri Ashutosh Kumar Rai, A.C.S.C., Sri Man Bahadur Singh and Sri Rajeev Kumar, Adv.

JUDGMENT :

1. Heard Sri R.P. Tiwari, learned counsel for petitioners, Sri Man Bahadur Singh and Sri Rajeev Kumar, learned counsel for respondent No.4 and Sri Ashutosh Kumar Rai, learned Additional C.S.C. for State.

2. Facts in brief are that the disputed land are Khata No.94 area 6.47 acres and Khata No.4 area 2.01 acres situated in village-Shittalpur, Pargana-Etah Saket, District-Etah. The said village was brought under consolidation operations, wherein an objection was filed by one of original petitioners under Section 9-A(2) of U.P. Consolidation of Holdings Act, 1953 (Act of 1953) that the share of Satya Ram S/o Bhoj Raj (original respondent No.4) in land in dispute was 1/3 and it was wrongly been shown as 1/2 in basic year, which required a correction.

3. According to petitioners pedigree of parties to lis is as follows:-

Whereas per contra, the pedigree as given by respondents is as follows :-

4. The Consolidation Officer, after considering the facts, oral and documentary evidence on record vide order dated 16.08.1976, has rejected the objections set up by original respondent No.4 and maintained the basic year entry, holding him to be co-sharers of land in question, only to the ex

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