MOHD MUSHARRAF Vs. DEPUTY DIRECTOR OF CONSOLIDATION SAHARANPUR

JUDGEMENT

(1.) The instant writ petition is filed for quashing the order dated 11.4.2001. passed by the Deputy Director of Consolidation, Saharanpur, Annexure-3 to the writ petition.

(2.) The petitioners and contesting respondents are related with each other and are descendants of a common ancestor Gulab. The dispute was in respect of khata Nos. 62 and 65. In the basic year khata No. 62 was recorded in the name of respondent Nos. 2 to 14 or their predecessors and khata No. 65 was recorded in the name of respondent Nos. 2 to 15. Nasibuddin son of Jamaluddin is respondent No. 15 in the instant writ petition and he appears to be the main contesting party.

(3.) Notices were issued to respondent Nos. 3 to 19 at the initial stage. Steps were taken by the petitioners. By means of an order dated 12.3.2010 of this Court, notices issued to respondent Nos. 3 and 4 were deemed to be sufficient since the office report was that "neither acknowledgment nor undelivered cover have been received back after service." So far respondent Nos. 2 and 5 to 14 are concerned, they had refused to accept notice and, therefore, notice was deemed to be sufficient by refusal. The respondent No. 15 is represented by Sri A. K. Rai, advocate. Office report in respect of respondent No. 16 is similar to the other respondent Nos. 17, 18 and 19 since neither acknowledgment nor undelivered cover have been received back and, therefore, notice was sufficient.