Kanhiya Lal vs D.D.C. And 3 Ors.
2014 Latest Caselaw 4538 ALL

Citation : 2014 Latest Caselaw 4538 ALL
Judgement Date : 19 August, 2014

Allahabad High Court

Kanhiya Lal vs D.D.C. And 3 Ors. on 19 August, 2014

Bench: Anjani Kumar Mishra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - B No. - 41577 of 2014
 

 
Petitioner :- Kanhiya Lal
 
Respondent :- D.D.C. And 3 Ors.
 
Counsel for Petitioner :- Sandeep Kumar Srivastava,Sushil Kumar Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Anjani Kumar Mishra,J.

Upon hearing the counsel for the petitioner and upon perusal of the record of this writ petition as also the connected WP No. 23643 of 2012, it transpires that on an application filed by one Giriraj Singh, an order was passed on 26.4.2012. The application was filed on the ground that the applicant's original plot no. 1096 etc had been under valued and those having a higher value had been proposed in his chak. On this application, the order was passed to the effect that the Consolidation Officer, Mathura may make spot inspection and determine whether the valuation of the applicants plot were in consonance with the valuation of the surrounding plots.

This order was challenged by means of WP No. 23643 of 2012 on the ground that it had been passed after the village had been denotified under section 52(1) of the UP Consolidation of Holdings Act. A counter affidavit has been filed by the contesting respondent in the said writ petition. No rejoinder, however, is available on record.

In view of what is recorded in the interim order granted in the aforesaid writ petition, it has been submitted that in fact the application whereupon the order impugned in the earlier writ petition 2012 was passed, had been filed in the year 1978. However, there is no material on record to substantiate this allegation.

In the instant writ petition, relief claimed is that authorities be directed to initiate proceedings under Rule 109 of the Rules for recording the name of the petitioner in the revenue record.

Counsel for the petitioner may file supplementary affidavit bringing on record the copy of his objection filed in the year 1978. He shall also indicate the dates on which publication of notification was made under section 9, 20 and section 52(1) of the Act in the unit.

Put up as fresh case on 1.9.2014.

Order Date :- 19.8.2014

SKS