RAM SUBHASH Vs. D.D.C., BASTI AND OTHERS
LAWS(ALL)-2010-5-218
HIGH COURT OF ALLAHABAD
Decided on May 04,2010

Ram Subhash Appellant
VERSUS
D.D.C., Basti Respondents

JUDGEMENT

- (1.) Heard Sri Anand Kumar Srivastava, learned Counsel for the petitioner and Sri S. K. Pandey, learned Counsel for the respondents.
(2.) Counter and rejoinder- affidavits have been exchanged between the parties. The writ petition is listed for admission and the case is being decided at this stage itself.
(3.) The dispute relates to Khata No. 74 of village Ajandeeh tappa Sikandarpur, pargana Amorha, tehsil Harrya, district- Basti that during consolidation proceedings Brij Raj, father of the petitioner filed objections Under Section 9A(2) of U. P.C.H. Act (hereinafter referred 'to Act') before the Assistant Consolidation Officer in respect of the disputed Khata for expunging the name of the respondent Sheetla Prasad and Ram Pher and the name of the respondent be entered. The objections were rejected by the Consolidation Officer vide order dated 5.2.1982, which is Annexure-2 to the writ petition. The petitioner preferred an appeal against the aforesaid order, which was numbered as Appeal No. 406/83-84. There were as many as 16 respondents arrayed in the ground of appeal. Father of the contesting respondent Nos. 3 and 4 Sheetla Prasad and Ram Pher, husband of respondent No. 5 Surya Kali were arrayed as opposite party Nos. 1 and 2. Soon after the institution of the appeal, the names of respondent Nos. 3 to 16 were scrapped off and a compromise, allegedly entered into between the petitioner on one hand and Sheetla Prasad and Ram Pher was filed during the pendency of the appeal. The said compromise dated 8.8.1984 is Annexure-3 to the writ petition. The appeal before the S.O.C. was decided in terms of the compromise vide order dated 3.1.1985.;


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