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2024 Supreme(All) 836

MANISH KUMAR
Bhagwan Bahadur – Appellant
Versus
Deputy Director of Consolidation – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: R.A. Upadhyay, Ajay Pratap Singh, B.L. Shukla, Nishant Shukla, Prabhakar Vardhan Chaudhary, S.H. Tewari, T.N. Gupta.
For the Respondents: Avinash Mishra, D.K. Tiwari, Kripa Shankar Shukla, U.P.S. Kushwaha.

JUDGMENT :

MANISH KUMAR, J.

1. Heard.

2. The present writ petition has been preferred for quashing of the impugned revisional order dated 31.12.1981 passed by respondent no. 1-Deputy Director Consolidation Faizabad under Section 48 of Uttar Pradesh Consolidation and Holdings Act, 1953 (hereinafter referred to as “Act, 1953) in Revision No. 1517 titled as Ram Naresh vs. Ram Bahadur and others.

3. Learned counsel for the petitioners has submitted that the dispute with regard to the 32 trees entered in favour of the ancestors of the petitioners and 9 trees in favour of the ancestors of the respondents on gata no. 1906 area 4 bigha 7 biswa 10 biswansi in 1337 fasli i.e. in Khasra of the year 1930. It is further submitted that the gata no. 1906 belonged to zamindar Azam Ali Khan. In 1344-45 fasli i.e. year 1937-38, the name of the ancestor of the petitioners was continued and the name of the zamindar was deleted. It is further submitted that the name of the ancestor of the petitioner was continued and he was covered by Section 18(1)(e) of the Uttar Pradesh zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as Act, 1950), which has come into force on 01.07.1952 and prior

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