RAM BRIKSHA Vs. DY. DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Brief background of the present reference in brief is that in Writ Petition No.52717 of 2013 (Ram Briksha and another Vs. Dy. Director of Consolidation and others) name of petitioner stood recorded over the land in dispute since 1359 Fasli and in previous consolidation Ram Belash did not file any objection, claiming his rights and accordingly objection came forward that his objection in subsequent consolidation proceedings under Sec. 9 A(2) of U.P. Consolidation of Holdings Act 1953, claiming right over the said land was barred under Sec. 49 of U.P. Consolidation of Holdings Act, 1953.

(2.) The said objection in question was resisted by contending that Ram Vilas was the real brother of petitioner and was a co-sharer alongwith them as such bar contained under Sec. 49 of the Act would not apply.

(3.) Faced with this situation, the Learned Single Judge, as important point of law has been raised that would affect the public at large, made request for matter being placed before the Larger Bench and Honourable the Chief Justice was requested for formation of Bench. The reference in question contains following questions:-