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2024 Supreme(All) 912

MANISH KUMAR
Triloki Nath – Appellant
Versus
J. D. C. – Respondent


Advocates Appeared:
For the Petitioner: S.P. Shukla, Arvind Kr. Shukla, B.B. Singh, S.N. Goswami, S.P. Shukla, Shitla Prasad Tripathi.
For the Respondents: C.S.C., Ashok Kr. Baladiha, D.C. Mukherjee, Raj Mani Dubey.

JUDGMENT :

(Manish Kumar, J.) :

1. Heard Shri Shitla Prasad Tripathi, learned counsel for petitioner, learned counsel for respondent as well as Shri Hemant Kumar Pandey, learned State Counsel.

2. During the pendency of the present writ petition, the petitioner has expired and in his place his legal heirs have been substituted and they will be referred to as petitioner. Similarly, during the pendency of the present writ petition, respondent nos. 3, 4 and 5 have also expired and their legal heirs have been substituted and they will be referred to as respondent.

3. The present writ petition has been preferred for quashing of the impugned revisional order dated 25.05.1985 and the appellate order dated 07.01.1985.

4. Learned counsel for petitioner has submitted that the uncle of the petitioner Naval Kishore was the original tenure holder of the Chak no. 32 situated at village Gumwa, District Sultanpur and he died issueless, hence after his demise, the petitioner being the nephew, would succeed the rights over Chak No. 32 as successors of late Naval Kishore.

5. During the consolidation proceedings, respondent no. 3 Ram Ujagir (now deceased) had filed a case under Section 12 of the Consolid

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