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1982 Supreme(All) 880

K. N. MISRA
Raghunath Sahai – Appellant
Versus
Deputy Director of Consolidation, Deoria – Respondent


Advocates appeared:
R. P. Rai, Advocate, for the Petitioner

ORDER

K.N. Misra, J. - Heard learned counsel for the petitioner and perused the impugned order passed by the Deputy Director of Consolidation, Deoria, and the order passed by the Settlement Officer (Consolidation).

2. Briefly stated the facts of the case are that the petitioner Reghunath Sahai had filed an objection under S. 9-A 12), U. P. Consolidation of Holdings Act, hereinafter referred to as the Act. in respect of plot 780 situate in village Kasaya, Tappa Mainpur. district Deoria, claiming that he is the sole Bhumidhar of the plot in dispute and prayed that the names of the recorded persons be expunged. According to the petitioner the names of opposite parties 4 to 7 were wrongly recorded as tenure-holders of the land in dispute. The consolidation Officer vide order dated 30th July 1979 allowed the objection of the petitioner and ordered his name to be recorded as a tenant over the land in dispute directing the names of the recorded persons to be expunged. Against this order appeal was filed before the Settlement Officer (Consolidation) by opposite parties 4 to 6 asserting that the said order was passed ex parte as no notice was served upon them after the case was dismissed in

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