JOKHU Vs. DEPUTY DIRECTOR CONSOLIDATION PRATAPGARHAND ORS
LAWS(ALL)-2017-12-305
HIGH COURT OF ALLAHABAD
Decided on December 19,2017

JOKHU Appellant
VERSUS
Deputy Director Consolidation Pratapgarhand Ors Respondents


Referred Judgements :-

FOSTER V. MACKINON [REFERRED TO]
DULARIA DEVI VS. JANARDAN SINGH AND OTHERS [REFERRED TO]
RADHEY SHYAM AND OTHERS VS. STATE OF U.P. THROUGH SECRETARY MINISTRY OF REVENUE,U.P.,LUCKNOW AND OTHERS [REFERRED TO]
NARENDRA SINGH VS. SARDAR SWARN SINGH [REFERRED TO]
SAWARNI VS. INDER KAUR [REFERRED TO]
SANKALCHAN JAYCHANDBHAI PATEL VS. VITHALBHAI JAYCHANDBHAI PATEL [REFERRED TO]


JUDGEMENT

Devendra Kumar Upadhyaya, J. - (1.)Heard Sri R.S.Pandey, learned counsel for the petitioner and Sri Anurag Srivastava, learned counsel appearing for respondent nos.2 and 3.
(2.)This petition has arisen out of the proceedings drawn by the consolidation authorities in respect of dispute between the parties relating to land of khata no.10, situate in village Pure Ram Sahai, Pargana Patti, Tehsil Raniganj, District Pratapgarh. The petitioner has challenged the validity of the orders dated 25.02.2015 and 03.07.2013 passed by the Deputy Director of Consolidation, Pratapgarh whereby the orders dated 12.06.2013 and 07.03.2011 passed by the Settlement Officer Consolidation and Consolidation Officer, respectively have been set-aside and an order has been passed to maintain the basic year entry in the revenue records.
(3.)The basic year entry in respect of the land in dispute was in the names of Chhedi Lal and Jokhulal, both sons of Rangayee. At the time of verification of khatauni, one Smt Dhiraji claimed her possession over the land in dispute and accordingly she filed objection under Section 9-A (2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as 'Act') stating therein that the land in dispute devolved on her on the basis of sale deed and that she is bhumidhar of the land in question. It was further stated by Dhiraji in her objection that in the month of December, 1967, she was hospitalized for an eye operation in a nursing home at Allahabad wherefrom she was discharged on 09.01.1968 and during the period she was admitted in hospital at Allahabad i.e. between 26.12.1967 to 09.01.1968, Chhedi Lal and Jokhulal had obtained her thumb impression on plain paper on the pretext that certain levy has been imposed by the Tehsilidar and for getting the said levy of food grains removed, she needed to give papers with her thumb impression.


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