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2024 Supreme(All) 810

SAURABH LAVANIA
Jagat Pal – Appellant
Versus
Deputy Director Consolidation Lakhimpur Kheri – Respondent


Advocates Appeared:
For the Petitioners: Satendra Nath Rai.
For the Respondents: C.S.C., Ashok Kumar, D.P. Singh.

JUDGMENT :

(Saurabh Lavania, J.) :

1. Heard Sri Satendra Nath Rai, learned counsel for the petitioners, Sri Hemant Kumar Pandey, learned counsel for the State as also Sri D.P. Singh, learned counsel for the private respondents.

2. By means of the present petition, a challenge has been made to the order dated 19.01.2016 passed by respondent No.1/Deputy Director of Consolidation, Lakhimpur Kheri (in short 'D.D.C.'), in Revision No. 340 of 2011 (Rameshwar & Others vs. Shrichand & Others).

3. Brief facts of the case are as follows:

    (i) One Bhawani died leaving behind his four sons namely Jagannath, Niranjan, Makka and Mangre (issue less). The pedigree indicated in Para 4 of the petition is as under:-

    (ii) It is alleged that Bhawani was the original tenure holder of the land in issue i.e. Khata No.371 but to establish this fact, no document has been placed on record.

    (iii) The name of Makka S/o Bhawani was recorded in the basic year Khatauni of Khata No.371. At the time of initiation of consolidation proceedings in the village namely Khaithava, Pargana- Nighasan, District- Lakhimpur Kheri, in terms of Uttar Pradesh Consolidation of Holdings, Act, 1953 (is short the ‘Act’) and Rules of 1954 ma

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