Allahabad High Court
Vishnu Bhagwan Das Fuller And ... vs State Of U.P. And Others on 8 October, 2018
Bench: Amreshwar Pratap Sahi, Harsh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- WRIT - C No. - 51590 of 2011
Petitioner :- Vishnu Bhagwan Das Fuller And Another
Respondent :- State Of U.P. And Others
Counsel for Petitioner :- Siddharth Khare,Ashok Khare
Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J.
Hon'ble Harsh Kumar,J.
Heard Sri Ashok Khare, learned Senior Counsel for the petitioner.
The contest in this writ petition virtually is with regard to that part of the land which the petitioners claim that they are entitled to get it converted into freehold on the basis of the claim as set up before the authorities. The petitioner had come up before this Court and a direction was issued calling upon the District Magistrate to consider the claim of the petitioner and after an enquiry and a survey made, the District Magistrate has rejected the request of the petitioner on the ground that the land of which freehold is sought, is being used as a passage by three persons, and therefore, in view of the terminology used in the Government Order dated 1st December 1998, the land which is being utilized for the purpose of a passage or any such public purpose cannot be converted into freehold.
Learned counsel submits that this finding is against the facts as existing inasmuch as out of the three persons who are said to be utilizing the land as a passage, the petitioner is one of them and the other two are already have their egress and ingress on the main Kutchery road. In such circumstances the question of allowing passage to them, and the same being made a basis for rejecting the application of the petitioner is contrary to the existing facts as on the spot.
We find that notices had been issued to the respondent nos. 6 and 7 who are private persons affected but they do not appear to have responded to the notices issued, and therefore, in order to ensure that they are finally served with a notice, we direct that dasti summons shall be issued for which steps will be taken within a week. An affidavit of service shall be filed after affecting the service on the respondent nos.6 and 7 by the next date fixed.
Apart from this, we direct the respondent no. 3 Sub-Divisional Magistrate, Kol to effect service of notice on the respondent nos. 6 and 7 at their given address along with a copy of this order with a direction that they may represent themselves before this Court either through counsel or otherwise by the next date fixed.
The learned Standing Counsel is directed to obtain a copy of this order and communicate the same to the Sub-Divisional Magistrate, respondent no. 3 for necessary compliance.
The matter shall be listed immediately after the expiry of three weeks on 1st November, 2018 by which date the service report may be submitted.
Order Date :- 8.10.2018
S.Chaurasia
