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Documents citing Basdev vs State Of U.P. And 5 Others on 29 August, 2023

Indra Raj Mahila Mahavidyalay Odwara ... vs Deputy Director Of Consolidation Basti ... on 5 September, 2023

1. The issue raised in this writ petition has been partially dealt with in a judgment passed by this Court on 29.08.2023 in a bunch of cases, leading being Writ B No. 947 of 2023 (Basdev vs. State of U.P. and 5 others) (Neutral Citation No. 2023:AHC:173700) that Section 11-A of U.P. Consolidation of Holdings Act, 1953 would not have any bar in reopening a case, if the revenue entries in regard to nature of land was such that it not be a part of consolidation and relevant part thereof are mentioned hereinafter -:
Allahabad High Court Cites 4 - Cited by 0 - S S Shamshery - Full Document

Smt Jaiwati vs State Of U.P. And 7 Others on 18 October, 2024

7. In my considered opinion, it would not be justifiable to consider the plea raised on behalf of the petitioner at this juncture qua nature of the plot in question as to whether it was an 'Aasami' land under Class-3 entry or as a pond. Deputy Director of Consolidation, vide order dated 17.02.2023, has simply referred the report submitted by the Consolidation Officer qua plot no.428 and restored the proceeding of revision on its original number to examine the validity and genuineness of the entry relating to plot no.428 which has been said to be recorded in 1370 Fasli being a 'pond'. Submission raised on behalf of the petitioner may be a matter of concern, however, same can more appropriately be redressed by the Deputy Director of Consolidation after going through the land revenue record. He has not returned any categorical finding with respect to the nature of the plot in question rather reopened the revisional proceeding to examine the correctness of the report submitted by the Consolidation Officer. Nothing has been decided finally with respect to the right, title and interest of the petitioner over the property in question. He has still an opportunity to defend his case and raise all plea before the Deputy Director of Consolidation. Learned counsel for the petitioner has placed reliance upon the judgement passed by the co-ordinate Bench of this Hon'ble Court in the matter of Basdev v. State of U.P. and 05 others, Neutral Citation No. 2023 : AHC : 173700, decided on August 29, 2023 which is not much helpful to the petitioner inasmuch as same is distinguishable in the facts and circumstances of the present case.
Allahabad High Court Cites 8 - Cited by 0 - D Pathak - Full Document

Ambika Yadav vs State Of Up And 3 Others on 23 October, 2024

25. Learned counsel for petitioners have placed reliance on some judgments but no judgment is applicable in present set of facts since in present case a very small part of land is used for other public purpose. The notification placed on record are mainly for required steps if such land is being used for company or other purpose i.e. Bhumidhari rights were created, which is not a case in hand. Reliance placed on Basdev vs. State of U.P. and others, 2023(161) RD 467 by petitioners will also not be useful since it was with regard to Section 19A of U.P. Consolidation of Holdings Act, 1953, where land reserved for public purpose was allotted to villages for construction of residence on valuation whereas in present case no private interest was created.
Allahabad High Court Cites 7 - Cited by 0 - S S Shamshery - Full Document

Mohammad Shabi And 8 Others vs State Of U.P. And 4 Others on 5 September, 2023

1. The issue raised in this writ petition has been partially dealt with in a judgment passed by this Court on 29.08.2023 in a bunch of cases, leading being Writ B No. 947 of 2023 (Basdev vs. State of U.P. and 5 others) (Neutral Citation No. 2023:AHC:173700) that Section 11-A of U.P. Consolidation of Holdings Act, 1953 would not have any bar in reopening a case, if the revenue entries in regard to nature of land was such that it not be a part of consolidation and relevant part thereof are mentioned hereinafter -:
Allahabad High Court Cites 6 - Cited by 0 - S S Shamshery - Full Document
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