Amreshwar Pratap Sahi, J. - (1.) THIS petition questions the correctness of the order dated 1st May, 2009, which has been endorsed by way of an amendment, whereby the auction in favour of the Petitioner in relation to pond No. 1115 situate in village Chauk Bazar, Tehsil Sadar, District Maharajganj has been cancelled. The subsequent order dated 24.06.2009 whereby settlement has been made in favour of the Respondent No. 5 has also been assailed. The matter had been adjourned on earlier occasion as the amendment was required to be carried out.
(2.) LEARNED Counsel for the Respondents were granted two weeks time to file a counter affidavit. Sri Pradeep Kumar, Learned Counsel for the Respondent has been put to notice in writing but no counter affidavit has been filed on behalf of the said Respondent.
(3.) A counter affidavit was filed by the State stating therein that the challenge raised to the cancellation proceedings has attained finality on account of the order passed in Writ Petition No. 21210 of 2009., a copy whereof is annexure 3 to the writ petition.;