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2024 Supreme(All) 2422

CHANDRA KUMAR RAI
Chhedi – Appellant
Versus
D. D. C. – Respondent


Advocates Appeared:
For the Petitioner: K.M.L. Nigam, A.S. Diwakar, Jagdish Prasad, Sushil Kumar.
For the Respondents: D.K. Srivastava, A.N. Mishra.

JUDGMENT :

(Chandra Kumar Rai, J.)

1. Heard Mr. V. Ram, Advocate holding brief of Mr. Sushil Kumar, learned counsel for the petitioner and Mr. Ashutosh Kumar Rai, learned Additional Chief Standing Counsel for the State-respondents.

2. No one appeared on behalf of respondent nos.4/1 to 4/3.

3. Notice upon respondent nos.5 to 7 has already held sufficient vide order of this Court dated 12.1.1982.

4. The instant petition is pending before this Court for last 46 years, as such, the same is being heard and disposed of finally in absence of learned counsel for private respondent nos.4/1 to 4/3.

5. Brief facts of the case are that in the basic year of the consolidation operation, petitioners were recorded over plots of Khata no.615 situated in Village-Saunrai, Buzurg, Pargana Kara, Tahsil-Sirathu, District-Allahabad. An objection under Section 9 A (2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred as "U.P.C.H. Act") has been filed by respondent no.4 i.e. Chaitoo claiming right of co-tenant of 1/2 share in respect to the plot in question. Tribhuwan & others have also filed objection against basic year entry in respect to plot no.1501, 1502, 1503 claiming that plots are si

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