LAL BABU Vs. ADDL. DISTRICT MAGISTRATE (F&R)/D.D.C, DEORIA AND OTHERS
LAWS(ALL)-2009-7-278
HIGH COURT OF ALLAHABAD
Decided on July 09,2009

LAL BABU Appellant
VERSUS
Addl. District Magistrate (FAndR)/D.D.C, Deoria and others Respondents

JUDGEMENT

SHISHIR KUMAR, J. - (1.) HEARD learned counsel for petitioner and learned counsel for respondents.
(2.) PRESENT writ petition has been filed for quashing the order dated 1.6.1999 (Annexure 10 to writ petition) passed by respondent No.1. In the year 1975, petitioner filed an objection under Section 9(2) of U.P. Consolidation of Holding Act claiming that he be recorded as tenure holder of the plots in dispute after expunging the entries of the basic years record. The objection filed by petitioner was rejected by order dated 22.8.1975. Petitioner aggrieved by aforesaid order filed an appeal. Appellate Authority vide its order dated 4.8.1978 allowed the appeal and has directed the authority to record the name of petitioner. It has been submitted that order of settlement officer (Consolidation) has already been given effect to and nobody has challenged the said order, therefore, it will be presumed that finality has been attached. The respondent Nos. 4 to 8 filed an application before respondent No.1 with a request that an enquiry be made regarding the entries made in favour of petitioner and the order passed in favour of petitioner in the year 1970. It appears that respondent No.1 directed the District Government Counsel (Revenue) to submit a report. On the basis of report submitted, an order dated 1.6.1999 was passed that earlier order passed in 1978 in favour of petitioner was forged order and same was set aside and it was directed that name of petitioner be expunged from revenue record. Petitioner aggrieved by this order has filed the present writ petition.
(3.) WRIT petitioner was entertained and the counter and rejoinder affidavits have been exchanged, as such, writ petition is being disposed of finally with the consent of parties.;


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