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1985 Supreme(All) 644

K. N. MISRA
Kamta Prasad – Appellant
Versus
Board of Revenue U. P. – Respondent


Advocates appeared:
K.C. Tripathi, for the Appellant;

JUDGMENT

K.N. Misra, J. - Heard learned Counsel for the Petitioner and perused the impugned orders passed by opposite parties No. 1 to 3. Briefly stated the facts of the case are as follows:

It appears that during consolidation operations Smt. Kanti Devi widow of Late Badri Prasad of village Mustafa, Pargana Kora, Tahsil Binkdi, district Fetehpur was declared as co-sharer along with Kamta Prasad son of Nandi Lal over the plots in question. This order was passed by the Deputy Director of Consolidation on 6.10.62. It was, however, omitted to be incorporated in the papers and in the meantime the village was denotified u/s 52 of the U.P. Consolidation of Holdings Act. Since the name of Smt. Kanti Devi was not recorded as co-tenure holder along with the Petitioner Kamta Prasad in the revenue papers in pursuance of the aforesaid order passed by the Deputy Director of Consolidation, she had moved an application for correction of papers u/s 33, 39 of Land Revenue Act. It was prayed that the revenue records be corrected and her name be recorded as co-tenure holder along with Kamta Prasad. This application for correction of papers was opposed by Kamta Prasad; firstly, on the ground that after

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