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2023 Supreme(All) 1739

SAURABH SHYAM SHAMSHERY
Paramjota – Appellant
Versus
Deputy Director of Consolidation – Respondent


Advocates Appeared:
For the Petitioner: Sri Ashutosh Singh & Sri Lallan Prasad Singh.
For the Respondent: Sri A.C. Nishad, Standing Counsel, Sri Shivam Agrawal & Sri Pankaj Agrawal.

JUDGMENT :

1. Consolidation proceedings were commenced in Village Sarhariya, Pargana Khareed, District Ballia in the year 1975. In the basic year name of Mahadeo (Respondent-5) and Bholla were recorded in revenue records on land in dispute. Original petitioner filed objection before Consolidation Officer on the ground that she has half share in Khatas No. 9 and 38 of Village Sarhariya and in Khata No. 53 of Village Dadar and the same may be separated also. Other objections were filed by Respondent-4, Yogendra that he was duly adopted by Bhola who later on become Sanyasi.

2. Consolidation Officer, Ballia vide order dated 04.01.1977 rejected objections filed by original petitioner and allowed objection filed by Respondent-4. It was held that Bhola has adopted Respondent-4 and further that later on Bhola become Sanyasi. Relevant part of order is reproduced hereinafter :

3. The above referred order was challenged by way of filing three appeals and the same were allowed by Settlement Officer of Consolidation, Ballia vide order dated 26.08.1978 and the relevant part of order is reproduced as under :

4. The above order was challenged by way of filing three revisions before Deputy Director of

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