SMT. TAHIRA BEGUM AND ANOTHER Vs. KAMLESH KUMAR SRIVASTAVA AND OTHERS
LAWS(ALL)-2017-3-75
HIGH COURT OF ALLAHABAD
Decided on March 23,2017

Smt. Tahira Begum And Another Appellant
VERSUS
Kamlesh Kumar Srivastava And Others Respondents

JUDGEMENT

Rajan Roy, J. - (1.) Heard learned counsel for the parties.
(2.) This is a writ petition under Article 226 of the Constitution of India challenging the orders passed by the Consolidation Courts dated 14.09.2009, 20.07.2010 and 26.03.2010.
(3.) As far as the order dated 26.03.2010 is concerned, the same was passed under Section 12 of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as 'the Act, 1953') by the Consolidation Officer, wherein, the claim of the petitioners herein for mutation of their name in respect of the land in question on the basis of sale deed executed by Smt. Kiran Srivastava on 02.07.2009 was declined on the ground that in separate proceedings wherein Smt. Kiran Srivastava was a party the S.O.C. had already opined that after marriage on 01.06.1990 Smt. Kiran Srivastava's interest in the holdings which had devolved upon her from her mother, who inturn had succeeded to the holding of her husband i.e. the father-in-law of Smt. Kiran Srivastava, ceased and stood reverted in terms of Section 172(1) of the U.P Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as 'the Act, 1950') upon the nearest surviving heirs (such heir being ascertained in accordance with the provisions of Section 171) of the last male bhumidhar or asami. Against the said order dated 26.03.2010 an appeal under Section 11(1) of the Act, 1953 had already been preferred by the petitioners herein which is still pending.;


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