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2023 Supreme(All) 1170

SAURABH SHYAM SHAMSHERY
Basdev – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Jitendra Yadav.
For the Respondents: Sri M.C. Chaturvedi, assisted by Sri Tejaswi Mishra, Sri Rameshwar Prasad Shukla.

JUDGMENT :

1. The fact which is not in dispute is that nature of land in dispute, in the present case, was not on record during first consolidation proceedings. However, during second consolidation proceedings, the land in dispute was earmarked for charagah/pasture land (hereinafter referred to as ‘pasture land’). The second consolidation proceedings got over and a notification under Section 52(1) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as “Act, 1953”) was issued on 04.12.1993. Later on, land in dispute was valued and allotted to petitioners on valuation and present status of land allotted to petitioners are on record i.e. some parts of land are still vacant and on some parts of land constructions of different nature are raised. Details of allotment of land in dispute to petitioners such as respective allotment orders specifying respective allotted areas, dates of such allotmentare not on record.

2. Further, it is also not disputed that after 24 years of a notification being issued under Section 52 of the Act, 1953, the private contesting respondent (Raj Narayan) has submitted an application dated 17.07.2017, before the District Magistrate, Azamgarh, mak

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