LAWS(ALL)-2021-2-63

FATEH BAHADUR SINGH Vs. D.D.C.

Decided On February 25, 2021
FATEH BAHADUR SINGH Appellant
V/S
D.D.C. Respondents

JUDGEMENT

(1.) Heard, Shri Vijay Kumar, learned counsel for the petitioner and Shri M.P. Yadav, learned counsel for the respondent no.3.

(2.) On the statement of learned counsel for the respondents no.3 and 4 Shri M.P. Yadav that the legal heirs and representatives of the respondent no.4 have entered into compromise with the petitioner and they are no longer interested in pursuing the matter and only respondent no.3 wishes to contest the case, it is recorded in the order dated 04.01.2021 and he argued only on behalf of respondent no.3. The present writ petition has been filed for quashing the order dated 20.05.1994 passed in Revision No.1658, under Section 48 of U.P. Consolidation of Holdings Act, 1953 (here-in-after referred as Act of 1953) by the respondent no.1.

(3.) The dispute in the instant case relates to plot no.4350, area 0-18-0 of Khata No.518 which was recorded in the name of Gherai S/o of Rekhai and plot no.3908 and 3909 of Khata No.577 which was recorded jointly in the name of Dargahi S/o Sampat i.e. respondent no.4 and Gherai S/o Rekhai in the basic year of consolidation started from 22.08.1978. However on the aforesaid plots the name of father of petitioner namely Sarju Singh was recorded in clause-9. However, during verification (Padtal) possession of Shri Kamla Pratap Singh S/o Akchhaibar Singh was found.