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2023 Supreme(All) 2727

SAURABH SHYAM SHAMSHERY
Ram Bali – Appellant
Versus
Deputy Director of Consolidation – Respondent


Advocates appeared:
For the Petitioner: R.K. Singh,A K Gupta, Dhirendra Singh, Manish Kumar Srivastava, N K Srivastava, Subodh Kumar
For the Respondent: Ramesh Chandra, SC

JUDGMENT

Saurabh Shyam Shamshery, J.

Heard Sri Dhirendra Singh, learned counsel for petitioner and learned Standing Counsel for State-Respondents. None appeared on behalf of contesting-respondents, despite this writ is listed today for further hearing.

2. This Court has passed following orders on 23.08.2023 and 28.08.2023:

    23.08.2023

    "1. Learned counsel for petitioners submits that objection filed by petitioners under Section 9A(2) of U.P. Consolidation of Holdings Act, 1953 was allowed by Consolidation Officer vide order dated 12.06.1974, however appeal thereof filed by contesting-respondents was allowed and revision filed by petitioners was rejected.

    2. Learned counsel for petitioners further submits that petitioners were in possession before Zamindari abolition and, therefore, become Sirdar. However, since without any order name of respondents were recorded in basic year and thus objections were filed. Consolidation Officer by reasoned order has returned finding that petitioners were recorded in 1371 Fasli and claim of respondents on basis of a Bainama was rejected since they were not able to prove it.

    3. Learned counsel further submits that Appellate Authority while the allowing

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