Bhanu Pratap And 2 Others vs D.D.C., Kanpur Nagar And 2 Others
2014 Latest Caselaw 3761 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - B No. - 35524 of 2014
 

 
Petitioner :- Bhanu Pratap And 2 Others
 
Respondent :- D.D.C., Kanpur Nagar And 2 Others
 
Counsel for Petitioner :- Kamlesh Kumar Tripathi
 
Counsel for Respondent :- C. S. C.
 

 
Hon'ble Anjani Kumar Mishra,J.

Heard Shri Kamlesh Kumar Tripathi, learned counsel for the petitioner.

This writ petition has been filed against the order dated 7.10.2013 dismissing the revision filed by the petitioner as also the order dated 20.3.2011 passed by the Settlement Officer, Consolidation whereby the appeals have been partly allowed.

Perusal of the operative portion of the order dated 20.3.2011 reveals that the Settlement Officer, Consolidation has changed valuation of plot nos. 80 and 81 on the basis of an alleged compromise.

Prima facie, this Court is of the opinion that the valuation of plots are to be determined in accordance with the quality of land, its location etc, and  the same cannot be decided on the compromise between the parties especially, in proceedings for allotment of chaks at the instance of the original holder thereof.   The order impugned, therefore, is prima facie illegal

Issue notice to respondent no. 3 by registered post A.D.

Steps within a week.

Until further orders, the effect and operation of the impugned order dated 23.7.2011 (Annexure-2 to the writ petition) shall remain stayed.

Order Date :- 28.7.2014

Priyanka