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1989 Supreme(All) 976

B. L. YADAV
Deo Nath Khewat – Appellant
Versus
Deputy Director of Consolidation, Gorakhpur – Respondent


JUDGMENT

B.L. Yadav, J. - The present writ petition under Article 226 of the Constitution has been preferred by 2.5 persons of village Totaher Mustakil in Distt. Gorakhpur. They have prayed for issuance of a writ of mandamus directing the respondents viz. Deputy Director of Consolidation, Gorakhpur, Director of Consolidation, Uttar Pradesh, Lucknow and State of Uttar Pradesh through Secretary, Revenue Department Lucknow, not to proceed with the consolidation operation in village Totaher Mustakil and Totaha Ehatmali, in pursuance of a notification dated 22-2-1986 under Section 4 of the U.P. Consolidation of Holdings Act (hereinafter called Act). The grievances of the petitioners are that in these two villages it is difficult to carry out the consolidation operation in pursuance of the notification under Section 4 of the Act as in village Totaha Mustakil there are 1000 houses and the population is more than 10000 and total area of the village is 301 acres and total plots are 1009 according to the report of the Consolidation Officer, Gorakhpur and only 199 acres of land is worth consolidation operation. In respect of the other village also, similar complaints have been made. The applic

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