AWADH NARAIN AND OTHERS Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2009-12-323
HIGH COURT OF ALLAHABAD
Decided on December 08,2009

Awadh Narain And Others Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

Rakesh Sharma, J. - (1.) Supplemebntary affidavit filed today is taken on record.
(2.) Heard learned counsel for the petitioner and learned Standing Counsel. Sri D.D. Chauhan appears for the respondents. Sri Sudhir Kumar and Mala Srivastava also appears for the private respondents.
(3.) The petitioner has assailed the order passed by the DDC, Fatehpur on 18.11.09 by which the revision preferred by the petitioner etc. has been dismissed. It emerges from the record that the consolidation proceedings were initiated in the year 2003. At the initial stage when the principles were settled, no objection or statement was filed by the petitioner claiming right over plot no.68. The main dispute in the case is whether plot no.68 is property of Gaon Samaj recorded as Khata Chahat. The allegations have been raised that the petitioner is chak holder of plot no.67 and he wants to encroach upon the Gaon Sabha's land plot no.68. Much stress has been laid on the order passed by CO on 26.10.03. Through this order CO in just three sentence by writing a telegraphic order has condoned the delay, entertained the objections assessed 20 paisa for Gata No.68. This order was challenged by the aggrieved party. Gaon Samaj was a party to the litigation. Admittedly, spot inspection was also carried out by the DDC on 25.1.09 as has been stated in supplementary affidavit filed today.;


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