ANTYODAY SEWA SAMITI Vs. DISTRICT DEPUTY DIRECTOR OF CONSOLIDATION COLLECTOR ETAH
LAWS(ALL)-2010-7-8
HIGH COURT OF ALLAHABAD
Decided on July 29,2010

Antyoday Sewa Samiti Appellant
VERSUS
District Deputy Director Of Consolidation Collector Etah Respondents

JUDGEMENT

SABHAJEET YADAV,J. - (1.) BY this petition, the petitioner has challenged the judgment and order dated 27.06.2008 passed by the District Deputy Director of Consolidation, Etah in Revision No.71 of 2008 State Vs. Antyoday Sewa Samiti. By impugned order dated 27.06.2008 passed by the District Deputy Director of Consolidation, Etah an area 10.04 hectare land which is approximately equal to 25.36 acre land is directed to be recorded in the name of Gaon Sabha of concerned village by expunging the revenue entries recoreded name of the petitioner from the said land on finding that the aforesaid revenue entries are forged, fictitious and fraudulently recorded in the name of the petitioner.
(2.) OFFICE has reported that writ petition is barred by time by one year and 305 days. The aforesaid delay caused in moving writ petition has been explained by the petitioner. Accordingly, the delay in moving writ petition is hereby condoned and same is treated to be within time. Heard learned counsel for the petitioner on merit at length and learned standing counsel for the respondents.
(3.) THE impugned order dated 27.06.2008 appears to have been passed by Deputy Director of Consolidation in a revision filed by the State Government, after thorough inquiry conducted through Consolidation Officer and Sub -divisional officer and it was found that the order of Settlement Officer of Consolidation dated 27.12.1978 allegedly passed in the Appeal No. 266 of 1978, whereby the order of Consolidation Officer dated 22.3.1977 was allegedly set aside recording the name of the petitioner, over disputed plots, were not in actual existence at all rather the aforesaid orders were a forged documents and fraudulently prepared by the petitioner to grab such a huge land of Gaon Sabha, as such, the entries made in favour of petitioner is without any legal and factual basis rather they are forged, fictitious, fabricated and made fraudulently, therefore, the name of the petitioner over the plots in dispute was directed to be expunged from revenue records with further direction to be recorded in the name of Gaon Sabha.;


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