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1986 Supreme(All) 465

K. N. MISRA
Sant Bux Singh – Appellant
Versus
Joint Director of Consolidation – Respondent


Advocates appeared:
Hargur Charan, for the Appellant; Umesh Chandra, Krishna Chandra, Ram Kishore and A.S. Chaudhary, for the Respondent

JUDGMENT

K.N. Misra, J. - In the present writ petition the dispute relates to grove plot No. 6B area 2 biogas, situate in village Ghatampur, Pargana Pashchi-marath Tahsil Bikapur, District Faizabad. It was recorded in the basic year khatauni in the name of Petitioner Sant Bux Singh son of Para Singh along with Ghirau son of Jagesar Pasi and Ram Pher son of Matai. The Petitioner filed an objection asserting that he is the sole grove-holder and in possession over the grove in dispute and that the names of Ram Pher and Ghirau are wrongly recorded and the same be expunged. The case was contested by Ram Pher and Ghirau, who asserted that they are co-grove holders/Bhumidhars along with the Petitioner. Certain other claimants, namely Nand Lai father of opposite parties No. 7 to 9 and Ors. Opposite parties No. 10 to 18, filed objection claiming to be co-grove holders along with Ghirau. The claim of Nand Lal and others was also contested by the Petitioner Sant Bux Singh and he asserted that he is the sole grove-holder/Bhumidhar of the grove in dispute.

2. After taking evidence of the parties, the Consolidation Officer vide order dated 27.07.1967, Annexure No. 1, upheld the claim of the Petiti

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