Bhagwat Singh And Others vs D.D.C. And Others
2011 Latest Caselaw 2017 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- WRIT - B No. - 30598 of 2011
 

 
Petitioner :- Bhagwat Singh And Others
 
Respondent :- D.D.C. And Others
 
Petitioner Counsel :- Ram Niwas Singh,Vinay Kr. Singh Chandel
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Heard learned counsel for the petitioners.

The contention raised on behalf of the petitioners is that the error, if any, was existing during the first round of consolidation operation, which came to be corrected in the second round of consolidation operation by the order dated 6th July, 2002.

He further submits that the petitioners are directly affected and the Map correction could not have been made under proceedings of Section 42-A, for which the contesting respondent should have pursued his objection under Section 9 of the U.P.C.H. Act. Learned counsel further submits that there cannot be any grievance with the order dated 6th July, 2002 but so far as the Map correction is concerned, the procedure contemplated under Section 28 of the Land Revenue Act ought to have been followed and the objections raised by the petitioners should not have been brushed aside as being merely technical.

Issue notice to the opposite party nos. 3 to 10 returnable at an early date. Steps be taken within ten days.

All the respondents may file counter affidavit within a period of three weeks. Rejoinder affidavit, if any, may be filed within one week thereafter.

List in the 2nd week of July, 2011.

In the meantime if any correction is carried out, the same shall not be implemented except with the leave of the Court.

Order Date :- 25.5.2011

Shiraz