Hari Narain And 3 Others vs Addl. ...
2015 Latest Caselaw 3665 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 60836 of 2015
 

 
Petitioner :- Hari Narain And 3 Others
 
Respondent :- Addl. Commissioner(Admin.),Azamgarh Region And 8 Others
 
Counsel for Petitioner :- Pradeep Kumar Dwivedi
 
Counsel for Respondent :- C.S.C.,R.C. Upadhyay
 

 
Hon'ble Abhinava Upadhya,J.

By means of this writ petition, the petitioners have come to this court challenging the order passed under Section 28 of the Land Revenue Act dated 28.07.2008, against which a revision was filed which has also been dismissed by an order dated 31.07.2015.

According to learned counsel for the petitioners, upon an inquiry being made under Section 28 of the Land Revenue Act, a report has been submitted in which the petitioners' plot i.e Gata No. 41 area 0.713 acre has been shown to be correct  according to the map, whereas certain area of the respondents Gata Nos. 46 and 47 has been shown to be in shortfall. While correcting the map, the boundary of the petitioners gata has been changed and he has pushed into another plot whereas the excess land was found in Gata Nos. 40 and 48 which has not been touched instead the petitioners boundary has been changed. According to the petitioners, the dispute of the boundary is existing between the petitioners and the respondents.

Learned counsel for the petitioner has relied upon a judgement of this Court in the case of  Smt. Rekha Singh and 16 others Vs. State of U.P. and others reported in ALJ 1973 page 824 Alld wherein it has been held that in such a dispute the Collector cannot exercise its power under Section 28 of the Land Revenue Act.

Learned counsel for the petitioners submits that the proceedings were initiated by Deo Poojan and during the pendency of the proceedings Deo Poojan died and his legal heirs were not substituted, therefore, the order has been passed against a dead person and the same is not permissible in law.  

Matter requires consideration.

Learned Standing Counsel represents respondents no. 1, 2 and 3. Sri R.C.Upadhyay has accepted notice on behalf of the respondent no.4.

Issue notice to the respondents no. 5 to 9, for which steps shall be taken within a week.

The respondents may file counter affidavit within one month.

List thereafter.  

Till the next date of listing, the parties shall maintain status-quo with regard to the land in dispute.

Order Date :- 30.10.2015

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