ADHAREY Vs. DEPUTY DIRECTOR OF CONSOLIDATION, BASTI AND OTHERS
LAWS(ALL)-2008-5-240
HIGH COURT OF ALLAHABAD
Decided on May 05,2008

Adharey Appellant
VERSUS
DEPUTY DIRECTOR OF CONSOLIDATION, BASTI Respondents

JUDGEMENT

S.K.SINGH, J. - (1.) HEARD Sri K.S. Pandey, learned Advocate in support of this application and Sri Tripathi B.G. Bhai, learned Advocate who appears for the pe­titioner.
(2.) THIS is an application to recall the order passed by this Court by which writ petition was decided on merits and that was allowed. The ground is that earlier Counsel could not mark the case, and therefore, he could not argue the matter. Be as it may, Sri Tripathi B.C. Bhai, learned Advocate who appears for the petitioner being very fair submits that in the interest of justice if matter is re-heard then he possibly can have no objection to it. In view of the aforesaid, this Court heard the matter on merits again.
(3.) WRIT petition was allowed on two grounds: - (i) None of the original plot of the petitioner is given in his chak and thus the chak became complete Udan and thus mandate of section 19 of U.P.C.H. Act that chak is to be given on the largest part of holding has been violated. (ii) Presumption of the Deputy Direc­tor of Consolidation about some irrigation facility of the revisionist near the plot is not found to be cor­rect As there was no such ground/pleading by the revisionist before the Revisional Court. ;


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