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Rajendra Prasad v. State Of U.P. & Others - WRIT - B No. 17039 of 2007 [2007] RD-AH 8176 (1 May 2007)


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                                                                                  Court No.5.

Civil Misc. Writ Petition No. 17039 of 2007.

Rajendra Prasad.           Vs.      State of U.P. and others.

Hon'ble Janardan Sahai, J.

By the impugned order the Deputy Director Consolidation has exercised power under Section 48 (3) of the U.P. Consolidation of Holdings Act and directed that the name of the petitioner over plot no.197-Ka be expunged and the said plot be recorded in the name of the Gaon Sabha. Reliance was placed by the  Deputy Director Consolidation upon the Khatauni of 1359 F. in which plot no.453/2 area 11 bigha is recorded as talab. Subsequently, out of this number plot no. 197-ka having an area of 2 bigha 16 biswas in the name of Rajendra Prasad the petitioner and plot no. 197-kha area 8 bigha 15 biswas in th name of talab was entered in the khatauni. The finding is that the name of the petitioner over plot no. 197-ka is unauthorized. In fact the total area of the 2 plots 197-ka and 197-kha was a pond in 1359 F and the entry of the petitioner's name is unauthorized and forged. The finding as recorded is based  on material. It is not perverse nor suffers from any illegality, which may call for interference under Article 226 of the Constitution of India. Dismissed.




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