Uma Shankar and 2 Others v. State of U.P. and 6 Others

Court No. - 48 Case :- WRIT - B No. - 1102 of 2023 Petitioner :- Uma Shankar And 2 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Gyanu Shukla Counsel for Respondent :- C.S.C.,Punam Kumari,Satish Chandra Singh Hon'ble Saurabh Shyam Shamshery,J.

¶1Heard Sri Gyanu Shukla, learned counsel for petitioners.

¶2Learned counsel for petitioners has reiterated his submissions recorded in the order dated 11.04.2023, which are as follows -: "Counsel for the petitioners submitted that chak has been allotted to both parties in accordance with provisions of U.P.C.H. Act by the appellate court. He further submitted that by the order of the appellate court, both the parties were given share in the chak road and kharanja road in part, but by the order of the revisional court without considering the case of the petitioners, the shape of the chak has been altered by which benefit has been given to the contesting parties. He further placed reliance upon the map which is annexed as annexure No.8 to the writ petition and submitted that petitioner is in possession over the land in dispute and Deputy Director of Consolidation without considering the case of the petitioner has disturbed the shape of chak." (emphasis supplied)

¶3No one has entered appearance on behalf of respondents despite being represented. Even no counter affidavit has been filed though opportunity was granted.

¶4Heard learned counsel for petitioners and perused the record.

¶5I find merit in above referred argument of learned counsel for petitioners and since an irregularity has been committed, therefore, impugned order is liable to be set aside, hence, set aside and matter is remitted back to Deputy Director of Consolidation to decide the same afresh after hearing rival parties within a period of six months from today.

¶6Writ petition stands disposed of. Order Date :- 26.10.2023 Nirmal Sinha High Court of Judicature at Allahabad