HARISH CHANDRA AND OTHERS Vs. DY. DIRECTOR OF CONSOLIDATION, VARANASI AND OTHERS
LAWS(ALL)-2002-1-268
HIGH COURT OF ALLAHABAD
Decided on January 10,2002

Harish Chandra And Others Appellant
VERSUS
Dy. Director Of Consolidation, Varanasi And Others Respondents

JUDGEMENT

Ashok Bhushan, J. - (1.) Heard Counsel for the petitioners.
(2.) By this writ petition, the petitioners have prayed for quashing the order, dated 29-11-2001 passed by Deputy Director of Consolidation, Varanasi.
(3.) The dispute arose under Section 9-A(2) of the U.P. Consolidation of Holdings Act. The Consolidation Officer vide his order, dated 23-10-2000 took the view that land in dispute is in nature of abadi and Court of Consolidation Officer has no jurisdiction to give a decision. A revision was filed by the respondent No. 2 against the aforesaid order which has been partly allowed by the order, dated 29-11-2001. The Deputy Director of Consolidation has held that 7 dismal area of Plot No. 1937/1 is being used as abadi since before consolidation and with regard to that area revision has been dismissed. However, with regard to 13 dismal area, the revision was allowed and case was remanded to the Consolidation Officer to decide the same after taking evidence of both the parties. The petitioners have challenged the said order in the writ petition.;


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