Zinda Hasan vs D.D.C. And 8 Ors.
2014 Latest Caselaw 3982 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - B No. - 40019 of 2014
 

 
Petitioner :- Zinda Hasan
 
Respondent :- D.D.C. And 8 Ors.
 
Counsel for Petitioner :- R.K. Yadav,S.C. Varma
 
Counsel for Respondent :- C.S.C.,Rajesh Yadav,S.K. Pundir
 

 
Hon'ble Anjani Kumar Mishra,J.

Heard Sri S.C. Verma, learned counsel for the petitioner and Sri SK Pundir, who has filed caveat on behalf of one Ashraf, who is not a party in the writ petition. The name of Ashraf does not find a mention in the correction table appended to the impugned order and therefore prima facie Ashraf is an unconcerned person.

I have also heard Sri Rajesh Yadav, who has accepted notice on behalf of respondent no. 3, Gaon Sabha.

Issue notice to respondent nos. 4 to 9 by registered post AD. Steps be taken within 10 days.

It has been submitted by the counsel for the petitioner that the petitioner admits that the valuation of 127.869 paise is liable to be excluded from his chak but despite a specific objection having been raised before the subordinate court, the consolidation authorities valuation to the tune of 223.868 paise has been wrongly excluded without making a proper inquiry in the matter. He submits that a written application had also been made that such an  enquiry be conducted and a report in this regard be obtained before passing final orders, which request has not been accepted by the Deputy Director of Consolidation.

In view of the submission so made, which has also been averred in paragraph-9 of the writ petition, it is provided that subject to a valuation of 127.869 paise being excluded from the chak of the petitioner, which valuation is admittedly liable to be excluded from his chak, the operation of the impugned order for exclusion of the remaining valuation of 96.37 paise shall remain stayed. 

Order Date :- 4.8.2014

SKS