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Kamaluddin v. Dy. Director Of Consolidation, Jaunpur & Others - WRIT - B No. 35710 of 2007 [2007] RD-AH 13641 (7 August 2007)


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Civil Misc. Writ Petition No. 35710 of 2007



Deputy Director of Consolidation and others

Hon'ble Krishna Murari, J.

Heard Ms. Vibha Srivastava, learned counsel for the petitioner and Sri K. C. Kishan Srivastava appearing for contesting respondent no. 4.

Respondent no. 4 filed an application under Section 12 of the U. P. Consolidation of Holdings Act (for short the ''Act') for being recorded as heir and legal representative of  deceased  Faujdar on the basis of the alleged ''Will' deed said to have been executed in his favour. Proceedings were contested by the petitioner who claims to have purchased certain area of the plot in dispute from recorded tenure holder Faujdar. During pendency of the proceedings, petitioner moved an application seeking amendment in  the objection on the ground that on account of mistaken legal advice the objection is stated to have been filed under section 12, it should be amended and treated as objection under section 9-A (2) of the Act. Consolidation Officer vide order dated 6.2.1997 allowed the amendment on payment of Rs.20/- as costs. After accepting the costs, petitioner filed an appeal which was dismissed. Revision filed by him was also dismissed by the Deputy Director of Consolidation. Aggrieved, the petitioner has approached this Court.

Amendment was sought on the ground that on account of mistaken legal advice, objection was filed under Section 12 of the Act whereas it should have been filed under Section 9-A (2) of the Act. By the said amendment neither there is any change in the nature of the proceedings nor the proposed amendment can be said to cause any prejudice to the petitioner.

In view of the above, there appears to be no illegality in the impugned orders passed by the consolidation authorities.

Writ petition accordingly fails and is dismissed in limine.



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