BRAHMDEV Vs. STATE OF U.P.
LAWS(ALL)-2018-10-162
HIGH COURT OF ALLAHABAD
Decided on October 24,2018

Brahmdev Appellant
VERSUS
STATE OF U.P. Respondents


Referred Judgements :-

SUNDER LAL V. THE DEPUTY DIRECTOR OF CONSOLIDATION [REFERRED TO]


JUDGEMENT

ANJANI KUMAR MISHRA,J. - (1.)Heard learned counsel for the petitioners.
The instant writ petition arises out of an objection under Sec. 9A(2) of the U.P. Consolidation of Holdings Act, passed by the Consolidation Officer, the Settlement Officer Consolidation and the Deputy Director of Consolidation, Sant Kabir Nagar.

(2.)The petitioners filed the objection under Sec. 9A(2) of the U.P. Consolidation of Holdings Act praying that plot no.56/2, 58/1, 57 and 57/3 situated in village Sukhipur, Tappa Tarayapar, Pargana Mahuli East, Tehsil Dhanghata, District Sant Kabir Nagar be valued and the petitioners be allotted a chak elsewhere as the land was being used as a road, although it was their ancestral land.
(3.)The Consolidation Officer dismissed the objection by his order dated 03.11.2017 stating that during the Partal the land was found to be in use as a rasta and not for agricultural purposes. Besides, no objection had been filed within time, despite publication under Sec. 9 of the Act having been made on 30.10.2015. It was also noticed that the publication under Sec. 20 of the Act had been made on 10.02.2017 and that the possession had been delivered to the tenure holders over the chaks allotted to them. The objection had been filed, thereafter.


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