PRAKASH S/O MEER SINGH Vs. ASSISTANT DIRECTOR OF CONSOLIDATION
HIGH COURT OF UTTARAKHAND (AT: STATE)
Prakash S/O Meer Singh
Assistant Director Of Consolidation, Muzaffarnagar
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(1.) This writ petition was allowed by this court vide judgment
and order dated 27-09-2012. The respondent Nos. 4, 5 and 6/1 to 6/4
filed review application No. 845 of 2012 on the ground that the
learned Court has given a perverse finding to the effect that new plot
No. 115 has not been carved out from plot Nos. 358, 361, 362, 392
and 295. This court vide order dated 6-4-2013, after perusal of
certified copy of C.H.-41, which is a comparative table of new and old
plot numbers, allowed the review application and ordered the
judgment under review needs reconsideration and the judgment and
order passed by this court dated 27-9-2012 was set aside and the
matter was heard again.
(2.) The writ petition has been filed for issue of a writ, order or
direction in the nature of certiorari quashing the impugned judgment
and order dated 20-8-1998, passed by Assistant Director of
Consolidation, Muzaffarnagar Camp Haridwar at Roorkee and the
judgment and order dated 4-6-1996 passed by the Settlement Officer
Consolidation, Haridwar at Roorkee, Annexure Nos. 8 and 7
respectively to the writ petition, whereby the revision preferred by the
petitioners has been dismissed by Assistant Director of Consolidation
and the appeal preferred by respondent Nos. 4 to 6 has been allowed
by the Settlement Officer Consolidation.
(3.) Briefly stated the facts of the case giving rise to this writ
petition are that Smt. Usha Devi respondent No.7 was a big tenure
holder and she was allotted Chak No. 110 in her original holding. This
chak No. 110 was subsequently divided in three parts having number
110, 110-Sa and 110-Da. The petitioners purchased the share of Smt.
Usha Devi through sale-deed dated 11-6-1992 of her chak numbered
as 110- area 01 Bigha, 13 Biswas and 19 Biswansis of plot No. 115 of
revenue village Khatki Pargana and Tehsil Roorkee District Haridwar.;
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