NAND RAM AND ANOTHER Vs. ADDITIONAL COMMISSIONER AND OTHERS
LAWS(ALL)-2009-12-319
HIGH COURT OF ALLAHABAD
Decided on December 21,2009

Nand Ram And Another Appellant
VERSUS
Additional Commissioner and Others Respondents

JUDGEMENT

Sibghat Ullah Khan, J. - (1.) Learned standing counsel representing respondent nos. 1 and 2 and Shri Anuj Kumar, learned counsel for Gaon Sabha-respondent no.3 are directed to file counter affidavits within six weeks. Rejoinder affidavits may be filed within one month thereafter.
(2.) List for admission after four months.
(3.) The first order which has been challenged through this writ petition is dated 31.8.2006 passed by the District Magistrate, Mahoba in case no.33 and 34 of 2006 directing eviction of the petitioners on the ground that land in dispute was pond. On the very first page of the order it is mentioned that the area of the pond entered in the revenue record of 1359 fasli was less on the spot. It appears that only from the said fact an inference has been drawn that the plot in dispute is pond. Even during consolidation proceedings these plots were not entered as pond. Before the operative portion of the impugned order it is mentioned that nature of the land was changed however, there is no specific mention that when it was done. It appears to be more in the nature of inference. Against the said order revision was filed which was also dismissed on 27.6.2009. Both these orders have been challenged through this writ petition.;


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