SURENDRA NATH SHUKLA Vs. D.D.C., BASTI AND OTHERS
LAWS(ALL)-2012-1-793
HIGH COURT OF ALLAHABAD
Decided on January 13,2012

SURENDRA NATH SHUKLA Appellant
VERSUS
D.D.C., Basti And Others Respondents

JUDGEMENT

Amreshwar Pratap Sahi, J. - (1.) HEARD Sri S.N. Tripathi learned counsel for the petitioner and Sri G.D. Misra for the respondent nos. 2 and 3. The respondents No. 4 to 15 have already been served yet they have not put in appearance and are not contesting the matter. Affidavits have been exchanged between the parties and therefore the prayer made is to dispose of the writ petition finally. The dispute arises out of allotment proceedings.
(2.) SRI S.N. Tripathi submits that the original holding of the petitioner is Plot No. 228, 74, 81 and 9, out of these plots the petitioner's plot no. 9 is said to be submerged under water, the area whereof is 593 ares as against this area the petitioner's sons have been allotted 609 ares which area is more than the original holding over the said plot. The petitioner was not aggrieved by this excess allotment over plot no. 9 and the chaks were maintained between him and his sons over his original holding upto the stage of Settlement Officer Consolidation in accordance with the area so allocated. At the revisional stage the same has been altered at the instance of the respondent nos. 2 and 3 and the compromise entered by them with the respondent nos. 4 to 11. The revision did not implead the sons of the petitioner.
(3.) SRI Tripathi submits that apart from other original holdings, the respondent nos. 2 and 3 over Plot No. 235 had an area of 906 ares. The respondent nos. 2 and 3 have been respectively allotted 786 and 750 which is more than double the area of their original holding over the said plot.;


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