Shyam Babu vs Deputy Director Of ...
2014 Latest Caselaw 3830 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - B No. - 32640 of 2014
 

 
Petitioner :- Shyam Babu
 
Respondent :- Deputy Director Of Consolidation, Bulandshahar & 3 Others
 
Counsel for Petitioner :- Kamleshwar Singh,Anay Kumar Srivastava
 
Counsel for Respondent :- C.S.C.,Ayub Khan
 

 
Hon'ble Anjani Kumar Mishra,J.

Heard Sri Kamleshwar Singh, learned counsel for the petitioner and Sri Ayub Khan, who has filed caveat on behalf of respondent no. 4.

The dispute in this writ petition arises out of an objection under section 9 which was filed by the contesting respondent disputing the area of his original holding namely plot No. 17/8.

By an order dated 9.10.1995, the Consolidation Officer, Bulandshahr (Respondent no. 3)  directed that the area of plot no. 17/8 be recorded as 350 air in place of 180 air. Consequent appeal and revision filed by the petitioner challenging this order has been dismissed by the orders impugned.

The primary grievance of the counsel for the petitioner is that he has been proposed 273 air of plot no. 17/18 in his chak. Such allotment has attained finality between the parties since the petitioner's WP No. 23232 of 2014 has been dismissed by the order dated 29.4.2014.

Sri Ayub Khan, counsel for the contesting respondent has submitted that total area of plot no. 17/8 is 610 air and he has proposed a chak of 605 airs thereon.

In view of the rival submissions made, it is clear that there  are some unexplained discrepancies. The learned counsel for the parties are not able to explain as to how the petitioner has been allotted 273 air of plot no. 17/8 when as per submission of the counsel for the caveator the total area of this plot is 610 air and 605 air thereof has been included in the chak of the contesting respondent which would leave only area of 5 air to be allotted to the contesting respondent.

The matter therefore requires scrutiny.

Sri Ayub Khan prays and is granted three weeks' time to file counter affidavit. The petitioner will have two weeks thereafter to file rejoinder affidavit.

List this matter immediately after expiry of the aforesaid period.

Until further orders of this court, the parties are directed to maintain status quo as regards nature and possession over the property in dispute as it exists on the spot today.

Order Date :- 31.7.2014

SKS