Anil Kumar Dwivedi And 8 Ors. vs State Of U.P. And 3 Ors.
2014 Latest Caselaw 4421 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - B No. - 40478 of 2014
 

 
Petitioner :- Anil Kumar Dwivedi And 8 Ors.
 
Respondent :- State Of U.P. And 3 Ors.
 
Counsel for Petitioner :- Wasim Alam,Anil Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Anjani Kumar Mishra,J.

This matter had come up as fresh on 6.8.2014 and had been adjourned to enable the learned counsel for the petitioner to file supplementary affidavit showing that by the orders impugned some modification is required to be made on the spot as regards the chak of the petitioners. This  affidavit was called for because prim facie it appeard that in proceedings in Rule 109, only entries were required to be made in the revenue records and no modification in the spot position was required. 

Notice or opportunity of hearing is required to be afforded to the parties concerned. only if chaks  requires modification of the spot. Mere correction in the revenue record can be made even suo moto without hearing anybody.

Today, when the case was taken up, the learned counsel for the petitioner states that requisite documents have not been provided to him by his client and therefore prays for further time for filing the affidavit. 

There appears no justification to keep the matter pending and therefore the petitioner is permitted to withdraw this writ petition with liberty to file a fresh writ petition as and when the relevant documents are available to him.

Accordingly, this writ petition is dismissed as withdrawn with liberty to the petitioner to file fresh writ petition.

In case counsel for the petitioner furnishes a photostat copy of impugned order annexed with the writ petition, office shall retain the photocopy and return the certified copy to him.

Order Date :- 14.8.2014

SKS