TEERTH RAJ Vs. DY DIRECTOR OF CONSOLIDATION BANDA

JUDGEMENT

(1.) B. Dikshit, J. The short question for consideration in this petition is if mutation proceedings can be initiated under Section 12 of U. P. Consolidation of Holdings Act (in short 'act') on the basis of a sale-deed executed after publication of notification under Section 52 of the Act?

(2.) THE facts relevant for the purpose of determining present controversy, as they have been set-out in writ petition, are the petitioners purchased chak No. 1165 area 0. 95 acres of village Patwan, Pargana Bnberu, district Banda by a registered sale-deed dated 20th July, 1992 and applied for mutation. A proclamation was issued but as nobody filed objection, the name of petitioners was mutated in CH Form 23 Part I. THE consolidation operation had come to an end on publication of notification dated 9th April, 1988 under Section 52 (1) of the Act, which means that mutation was sought on the basis of a sale- deed executed after close of consolidation operation.

(3.) CERTIFIED copy of this order be issued to learned Counsel for petitioners on pay ment of requisite charge within a week. Petition allowed. .