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DINESH KUMAR SINGH
Mohammad Sami – Appellant
Versus
Additional Director of Consolidation, Faizabad – Respondent


Advocates:
Advocate Appeared:
For the Appellant : H.S.Sahai, Haider Abbas, Mohd.Yasin, Rakesh Kr. Pandey Dani, Rakesh Kumar Pandey, Usman Siddiqui
For the Respondent: A.S. Chaudhary, J. Saeed, P.V. Chaudhary, Z. Jilani

JUDGMENT :

1. The present writ petition has been filed seeking quashing of the order dated 29.1.1991 passed by the Assistant Director of Consolidation, Faizabad (Now Ayodhya Ji), whereby Revision No.31/15 filed by Ale Hasan, opposite party no.2 (now dead) under Section 48 of the U.P. Consolidation of Holdings Act, 1953 (for short ‘the Act’) was allowed.

2. The Assistant Director of Consolidation vide impugned order while allowing the revision, had directed for deletion of the name of the petitioners from the land in Gata Nos.294/0-19-15, 295/0-18-0 and 296/0-17-0 which are part of Khata No.48 and for recording the name of opposite party no.2 as intermediary bhumidhar in the record of 1360 Fasli.

3. During the consolidation proceedings, opposite party no.2 (since deceased) filed objection in respect of the land of three plots of Khata No.48 i.e. 294, 295 and 296 claiming sirdari rights on the basis of his adverse possession. The dispute between the parties could not be reconciled before the Assistant Consolidation Officer and the matter was referred to the Consolidation Officer. Opposite party no.2 in order to establish the adverse possession, filed copies of the Khatauni of 1350 Fasli

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