JUDGEMENT
YOGENDRA KUMAR SANGAL, J. -
(1.) THIS writ petition has been filed by the petitioner Mukhdev with the prayer
to issue writ, order or direction in the
nature of certiorari to quash the impugned
judgement and order dated 28.02.1978
passed by the C.O. (Consolidation Officer), opposite party no. 3 (Annexure - 4); order dated 02.01.1989 passed by the
S.O.C. (Settlement Officer
Consolidation), Opposite Party No. 2
(Annexure -5) and the judgement and
order dated 22.09.1995 passed by the
D.D.C.(Deputy Director of
Consolidation), Opposite Party no. 1
(Annexure No. 9 ) to the writ petition.
(2.) IT has further been prayed for direction against respondents not to
interfere in the peaceful possession and
use by the petitioner of land of Plot No. 2755 area 3 Acres, situated in Village
Suzauli, Pargana Dharampur, Tehsil
Nanpara, district Baharaich.
Heard learned counsel for the petitioner, learned Standing Counsel for
the Opposite Party Nos. 1, 2 & 3, counsel
for the respondent no. 4 and perused the
record.
(3.) AS per petition's case, Assistant Record Officer was authorised to grant
Patta i.e. Lease of land on behalf of
L.M.C. (Land Management Committee)
of the village and he did so on 31.12.1970
and Leased out the land of plot no. 2755,
area 3 Acres in favour of the petitioner.
Copy of the Lease-deed is Annexure -1 on
record. Name of the petitioner was
mutated in the revenue record on 20.06.1972 and he became Sirdar of the
land clear from the Annexure -2 of the
writ petition, but when the the
Consolidation operation started in the
area, Consolidation Officer has wrongly
struck off his name entered on the land in
dispute from the revenue record.;
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