Shiv Sagar And Anr. vs D.D.C. Mirzapur And 9 Ors.
2014 Latest Caselaw 1466 ALL

Citation : 2014 Latest Caselaw 1466 ALL
Judgement Date : 2 May, 2014

Allahabad High Court

Shiv Sagar And Anr. vs D.D.C. Mirzapur And 9 Ors. on 2 May, 2014

Bench: Anjani Kumar Mishra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - B No. - 24904 of 2014
 

 
Petitioner :- Shiv Sagar And Anr.
 
Respondent :- D.D.C. Mirzapur And 9 Ors.
 
Counsel for Petitioner :- Jamwant Maurya
 
Counsel for Respondent :- C.S.C.,Anand Sagar Dubey
 

 
Hon'ble Anjani Kumar Mishra,J.

Heard Shri Jamwant Maurya, learned counsel for the petitioner and Shri Anand Sagar Dubey, who appears for the caveator respondent no. 4, 5 and 6.

The dispute between the parties pertain to plot nos. 143/1 and 143/2 which are stated to lying in front of house of the petitioners. It is the admitted case of the parties before me, today that these plots are not the original holdings of the petitioners. However, these plots were allotted in their chak only on the ground that their house exists right in front of these plots. The petitioner was disturbed from these plots by the order of the Settlement Officer, Consolidation which has been affirmed in revision.

It has been submitted by the learned counsel for the petitioners that a specific ground in this regard, have been taken in the memo of revision, filed by them. He has also filed a supplementary affidavit in Court today. In paragraph 3 of the said supplementary affidavit, it has been stated that this ground was pressed before the Deputy Director of Consolidation, but has not been considered.

Learned counsel for the caveator is granted three weeks time to file counter affidavit.

Learned counsel for the petitioner will have two weeks thereafter to file rejoinder affidavit.

Issue notice to respondent nos. 3, 7 to 10 by registered post AD.

Steps be taken within a week.

List on 7th July, 2014.

In view of the admitted position that the petitioner has been allotted plot no. 142 in his chak in lieu of plots 143/1 abd 143/2 which lay in front of their house and because plot nos: 143/1 and 143/2 and 142 are adjacent plots, the petitioners cannot be said to be very seriously prejudiced by the impugned order. Under the circumstances, the prayer for interim relief shall be considered after the exchange of the affidavits.

Order Date :- 2.5.2014

Priyanka