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SOMAI versus DY. DIRECTOR OF CONSOLIDATION, BASTI & OTHERS

High Court of Judicature at Allahabad

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Somai v. Dy. Director Of Consolidation, Basti & Others - WRIT - B No. 27341 of 2006 [2006] RD-AH 17316 (6 October 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.40

Civil Misc. Writ Petition No.  27341 of 2006

Somai...............Petitioner

Versus

Deputy Director of Consolidation , Basti

& Others........Respondents

Hon'ble Krishna Murari,J.

Heard Sri R. A. Kashyap holding brief of Sri Ashutosh Diljun, learned counsel for the petitioner.

The facts giving rise to the present dispute are as under;

An objection dated 1.4.1995 filed by the contesting respondents for keeping the plots in dispute out of consolidation proceedings was allowed by the Consolidation Officer vide order dated 23.12.1995. The petitioner challenged the said order by filing a time barred appeal. The Settlement Officer Consolidation made spot inspection and found that house, abadi, trees etc. exist on the plots in dispute and he dismissed the appeal vide order 28.8.2004. The petitioner went up in revision. The revisional Court vide order dated 30.12.2005 also dismissed the revision.

Since, all the three courts have recorded a finding of fact that house, abadi, trees, etc. are standing on the plots in dispute as such they have rightly been kept out of consolidation. I find no illegality in the impugned orders.

The writ petition accordingly fails and is dismissed.

Dt. 6.10.2006

KKS


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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