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Ramlal Vs. District Dy. Director of Consolidation and Others

Ramlal vs District Dy. Director of Consolidation and Others

Type Court Judgment Court Allahabad Decided May 28, 1998
~2 min read
https://sooperkanoon.com/case/486557

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Citation
Court
Allahabad High Court
Judge
Decided On
Case Number
Writ Petition No. 191 (Cons.) of 1998
Subject
Property

Case Summary

AI-generated summary - not the official court judgment text.

Property - objections - Section 48 of U.P. Consolidation of Holdings Act, 1953 - applicant by means of registered sale deed and that they have in possession as bhumidar but petitioner on the basis of fictitious case got his name entered in pursuance of a fictitious amaldaramad - objection before D.D.C. not disposed ...

Key legal issue
Property
Acts & sections
Uttar Pradesh Consolidation of Holdings Act, 1953 - Sections 48

Parties & Advocates

Appellant / Petitioner

Ramlal

Advocate M.A. Siddiqui, Adv.

Respondent

District Dy. Director of Consolidation and Others

Legal References

Acts
Uttar Pradesh Consolidation of Holdings Act, 1953 - Sections 48
Reported In
1998(4)AWC825

Excerpt

property - objections - section 48 of u.p. consolidation of holdings act, 1953 - applicant by means of registered sale deed and that they have in possession as bhumidar but petitioner on the basis of fictitious case got his name entered in pursuance of a fictitious amaldaramad - objection before d.d.c. not disposed off - direction given to d.d.c. to pass order within three months. - s.h.a. raza, j.1. an application was preferred by s/shri ram jag, ram achal and ram lachhan sons of bal karan resident of village and post office asrewa, pargana paschim rath, tehsil bikapur. district faizabad on 4.11.97 in which they alleged that they have purchased the gata no. 989 of khata no. 217 measuring 3-11-3 by means of a registered sale deed and they have been in possession as a bhumidhar but ram lal who is the petitioner on the basis of fictitious case got his name entered in pursuance of a fictitious amaldaramad. no such case on basis of which amaldaramad has taken place was over registered nor any order was passed. the matter was enquired by the settlement officer, consolidation who submitted his inquiry report. the deputy director of consolidation on 11.2.98 passed an order to the effect that the name of ram lal, the petitioner was fictitiously entered and the amaldaramad entry was expunged. the report of the settlement officer. consolidation would form part of the judgment. one copy of the judgment be sent to the s.o.c. who may after implementing the order inform the d.d.c. if any party desired to say any thing within one month, he would be free to do so. it was pointed out that an objection was filed before the d.d.c. by the petitioner which has not been disposed of.2. as the question involved in the present writ petition is too trivial to drag on unnecessarily, hence i dispose of the writ petition with the direction to the deputy director of consolidation to pass appropriate orders after considering the objection of the petitioner expeditiously, say within a period of three months from the date of production of a copy of this order.

Full Judgment

S.H.A. Raza, J.

1. An application was preferred by S/Shri Ram Jag, Ram Achal and Ram Lachhan sons of Bal Karan resident of village and post office Asrewa, Pargana Paschim Rath, Tehsil Bikapur. district Faizabad on 4.11.97 in which they alleged that they have purchased the Gata No. 989 of Khata No. 217 measuring 3-11-3 by means of a registered sale deed and they have been in possession as a bhumidhar but Ram Lal who is the petitioner on the basis of fictitious case got his name entered in pursuance of a fictitious amaldaramad. No such case on basis of which amaldaramad has taken place was over registered nor any order was passed. The matter was enquired by the Settlement Officer, Consolidation who submitted his inquiry report. The Deputy Director of Consolidation on 11.2.98 passed an order to the effect that the name of Ram Lal, the petitioner was fictitiously entered and the amaldaramad entry was expunged. The report of the Settlement Officer. Consolidation would form part of the judgment. One copy of the judgment be sent to the S.O.C. who may after implementing the order inform the D.D.C. If any party desired to say any thing within one month, he would be free to do so. It was pointed out that an objection was filed before the D.D.C. by the petitioner which has not been disposed of.

2. As the question Involved in the present writ petition is too trivial to drag on unnecessarily, hence I dispose of the writ petition with the direction to the Deputy Director of Consolidation to pass appropriate orders after considering the objection of the petitioner expeditiously, say within a period of three months from the date of production of a copy of this order.

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