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2024 Supreme(All) 995

CHANDRA KUMAR RAI
Mewa Lal – Appellant
Versus
D. D. C. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: S.L. Yadav.
For the Respondents: N.S. Chaudhary, Abhishek Kumar Tripathi, Anil Kumar Dubey, G.C. Tiwari, G.C. Dwivedi, K. Shahi, N.C. Chaudhary, R.S. Kushwaha, Satya Mohan, V. Shahi, V. Singh.

JUDGMENT :

CHANDRA KUMAR RAI, J.

1. Heard Mr. Upendra Nath Yadav, learned counsel for the petitioner, Mr. Raghvendra Pratap Singh, Advocate holding brief of Mr. Abhishek Kumar Tripathi, learned counsel for the contesting respondent and Mr. Tarun Gaur, learned Standing Counsel for the State-respondents.

2. Brief facts of the case are that plot no. 376 & 377 situated at Village- Narainpur, Manwarpara, Pargana- Nagar West, Tahsil- Haraya, Basti was recorded in the name of respondent nos.2 & 3, namely, Prabhakar Singh & Sudhakar Singh sons of Uma Shankar Singh in the basic year of consolidation operation. Petitioner nos.1, 2 & 3 filed objection under Section 9-A (2) of Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as “U.P.C.H. Act”) in respect to plot no. 377 and petitioner nos.4 to 7 filed objection in respect to plot no. 376 alleging that they are Shikami tenant of Ram Anjor Singh and after date of vesting they became Adhivasi later on Sirdar. It is further alleged that right of main tenant extinguished before he executed sale deed dated 3.1.1963 in favour of respondent nos.2 & 3 and petitioners continued in possession since prior to the date of vesting till

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