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2024 Supreme(All) 758

MANISH KUMAR
Raj Bahadur – Appellant
Versus
Deputy Director Of Consolidation Faizabad – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Dr. R.K. Srivastava, A.R. Khan, Dr. Ramesh Kumar Srivasta, Prem Chandra, Vijay Kumar Dixit.
For the Respondents: Bireshwar Nath, Ashok Kumar Misra.

JUDGMENT :

(Manish Kumar, J.) :

1. Heard learned counsel for the parties and gone through the record of the case.

2. During the pendency of the present writ petition, petitioner nos. 1, 2, 4, 5 & 6 had died and their legal representative/heirs have already been substituted (hereinafter referred to as the petitioners). Similarly, the respondent nos. 5, 6, 7, 8, 9, 9/1, 10, 13, 14, 15, 15/1, 16 & 17 had died and their legal representatives/heirs have also been substituted (hereinafter referred to as the respondents).

3. The present petition has been preferred for quashing of the impugned revisional order dated 03.03.1978 passed by the Deputy Director of Consolidation.

4. Learned counsel for the petitioners has submitted that the original tenure holder was Angad Rai and thereafter his son Purai. Purai had three sons namely Horilal, Rikhai and Sheo Charan. The petitioners belong to the family of Horilal whereas the respondents belong to the family of Sheo Charan. The dispute is between the descendants of Horilal and Sheo Charan for Khata No. 23 situated at Danpur, Tanda, District Faizabad.

5. It is further submitted that when the village had come under the consolidation, the objections were

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