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[Cites 1, Cited by 1]

Allahabad High Court

Raj Bahadur Singh vs D.D.C. & Others on 1 July, 2010

Author: Krishna Murari

Bench: Krishna Murari

Court No. - 4

Case :- WRIT - B No. - 598 of 1974

Petitioner :- Raj Bahadur Singh
Respondent :- D.D.C. & Others
Petitioner Counsel :- Sri Sankatha Rai
Respondent Counsel :- Shitla Ram,K.B.Garg,S.C.,Shitla Prasad,V.K.Singh

Hon'ble Krishna Murari,J.

Heard learned counsel for the petitioner.

An objection under section 9-A (2) of the U.P. Consolidation of Holdings Act was filed by respondent no.4 herein that the land in dispute is wrongly recorded in the name of the petitioner and respondent nos. 5 to 7 and the same be deleted and the land in dispute be recorded in the name of Gaon Sabha. An objection was raised by the petitioner and contesting respondent nos. 5 to 7 that the objections were barred by time and the Pradhan of the Gaon Sabha had entered into a compromise before the Assistant Consolidation Officer. The Consolidation Officer finding that the alleged order passed by the Assistant Consolidation Officer on the basis of compromise was forged and fraudulent registered the objection and directed the case to proceed. The said order was challenged in revision by the petitioner. Aggrieved by the aforesaid order, the present writ petition has been filed by the petitioner.

Apart from the fact that the orders passed is purely interlocutory in nature and not amenable to writ jurisdiction, when the writ petition was presented, no interim order was passed and after lapse of 36 years, there is no reason to believe that the proceedings must not have come to a logical end rendering this petition infructuous.

The writ petition is, accordingly, dismissed.

Order Date :- 1.7.2010 VS.