ADYA PRASAD Vs. DY DIRECTOR OF CONSOLIDATION, MIRZAPUR & OTHERS
LAWS(ALL)-2016-8-223
HIGH COURT OF ALLAHABAD
Decided on August 22,2016

ADYA PRASAD Appellant
VERSUS
Dy Director Of Consolidation, Mirzapur And Others Respondents

JUDGEMENT

- (1.) Heard Sri H.N. Shukla, for the petitioner and Sri R.K. Upadhyay, along with Sri Murlidhar Dubey, for the contesting respondents.
(2.) This petition has been filed against the orders of Consolidation Officer dated 04.12.1999, Settlement Officer Consolidation dated 13.07.2000 and Deputy Director of Consolidation, dated 18.10.2006 passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').
(3.) The dispute between the parties is in respect of basic consolidation year khata 97-Aa, Ba and Sa (consisting plots 117/2 (area 0-2-0 bigha), 118 (area 0-4-0 bigha), 119 (area 0-10-0 bigha), 226 (area 0-1-8 bigha), 226-m (area 0-12-13 bigha), 335 (area 0-17-14 bigha), 336 (area 0-7-19 bigha), 337 (area 0-8-14 bigha), 392 (area 1-2-16 bigha), 292-m (area 0-6-0 bigha) and 393 (area 0-6-13 bigha) of village Tulsi Kalan, pargana Bhadohi, district Sant Ravidas Nagar Bhadohi, which were recorded in the names of Raj Karan alias Ram Nath, Bala, Shivdeo, Daya Shankar sons of Surya Lal, Mahadeo son of Nand Gopal, Dev Narain, Surya Narain sons of Shiv Lal, Bhagauti Prasad, Mata Prasad sons of Ram Kishun, Kishore son of Rangai, Amar Nath, Raghunath sons of Deep Narain (now represented by the petitioner and respondents-5 and 16) (hereinafter referred to as the petitioner). Ram Raj (respondent-4) filed an objection (registered as Case No. 707) under Section 9-A of the Act, for recording his name over it and deleting the names of recorded persons. He claimed that the land in dispute was his ancestral property, in which he had 1/2 share. Recorded tenure holders have sold their share in disputed land to third persons, whose names were mutated and recorded in separate khatas. Now recorded persons left with no interest in it.;


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