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Nithali Ram v. Apr Commissioner (Judicial / Iind) & Others - WRIT - C No. 68526 of 2005 [2005] RD-AH 6160 (22 November 2005)


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Hon'ble S.N.Srivastava,J.

Heard learned counsel for the petitioner.

From perusal of record it transpires that Dhanraj was recorded in the basic year along with Dhaneshar.  During pendency of consolidation proceedings, petitioner purchased the land in suit on 28.4.1987. Dispute is pending before Deputy Director of Consolidation in the present case with regard to the land in suit. The consolidation proceeding shall be deemed pending though    notification under section 52(1) of U.P. Consolidation of Holdings Act has taken place.

In view of the above, the proper course for  petitioner is to approach Deputy Director of Consolidation to get impleaded being aggrieved person as transferee of Dhaneshar whose rights are involved. The impugned order, by which, Tahsildar passed an order for mutation in favour of petitioner during pendency of consolidation proceedings, was rightly not accepted  by Additional Commissioner.  There is no error of law apparent on the face of record.

As held above, it is open to petitioner to approach Deputy Director of Consolidation concerned for his impleadment. If such application is filed, it will be decided in accordance with law and petitioner may pursue his remedy before Deputy Director of consolidation.

Writ Petition is disposed of accordingly.


SU/ w.p.no. 68526/05


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