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2006 Supreme(All) 1863

S.N.SRIVASTAVA
SHIV PRASAD – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, GHAZIPUR – Respondent


Advocates appeared:
Kamleshwar Singh for the Petitioner; Kamlesh Kumar Yadav, S.C., for the Opposite Parties.

JUDGMENT

Hon’ble S.N. Srivastava, J.—By means of this writ petition, the petitioner has assailed the order dated 19th May, 2006, passed by the Deputy Director of Consolidation, Ghazipur setting aside order dated 26.6.1999 of Consolidation Officer passed on the basis of compromise dated 8.6.1999 as well as order dated 18.6.2003, passed by the Assistant Settlement Officer, Consolidation in Appeal whereby the matter was remanded to Consolidation Officer attended with direction to decide the matter on merits in accordance with law after affording opportunity of adducing evidence as also of hearing to the parties.

2. The facts beyond the pale of controversy are that the land in dispute was acquired by one Babu Lal, a common ancestor of all three branches of Hira Lal, Kamta and Moti. It would thus appear that all the three Branches inherited the property. It would further appear that some compromise-dated 8.6.1999 came to be entered into between the parties and on the basis of said compromise, the Consolidation Officer passed an order dated 26.6.1999 according approval to the compromise centering round the land situated in Villages Ramval, Khuthan, Suhwal and Brumua. It further appears th



































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