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2023 Supreme(All) 2606

SAURABH SHYAM SHAMSHERY
Mahmood Ahmad – Appellant
Versus
Jokhan – Respondent


Advocates appeared:
For the Petitioner: Ashok Kumar Shukla
For the Respondent: S.C. and Ramakant Singh

JUDGMENT

Saurabh Shyam Shamshery, J.

This writ petition is pending before this Court since 1977.

2. Facts of present case are that -:

    i. The dispute arose during consolidation proceedings regarding three khatas no. 47, 49, and 73 of village Rajanpur, Pargana Bhadaon, Tehsil Rasra, District Ballia.

    ii. It is not in dispute that in basic year, khata no. 47 was recorded in the names of Jokhan, Sahdeo, Mahadeo, Gangadeen all s/o Ammar, opposite parties no. 1 to 4 and khata no. 49 was recorded in the name of Ram Dhani, Dhanpat s/o Ganga Rai and Marchhu and Parsu, s/o Rampat, opposite parties no. 5 to 8 and khata no. 73 was recorded in the names of Ram Dhani, Dhanpat s/o Ganga Rai and Marchhu and Parsu s/o Rampat.

    iii. During consolidation proceedings, petitioners have filed their objections mainly on the ground that it was their ancestral land and it was alleged that above referred three khatas were given to them in a family partition which took place on 03.10.1945 as well as that Vasi Ahmad died in the year 1947, therefore, petitioners no. 1 and 2 being his minor sons and petitioner no. 3 being his widow were disabled. The respondents were allowed to use land in dispute for agricultural

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