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MANOJ KUMAR BAJPAI versus ADDITIONAL DISTRICT JUDGE, KANPUR NAGAR & ORS.

High Court of Judicature at Allahabad

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Manoj Kumar Bajpai v. Additional District Judge, Kanpur Nagar & Ors. - WRIT - C No. 9732 of 2006 [2006] RD-AH 3694 (16 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON'BLE UMESHWAR PANDEY, J.

Heard learned counsel for the parties.

The order dated 28.11.2005 is under challenge in this petition whereby the appellate court has directed obtaining certain report from Commissioner with a map of the spot on scale.

It is not disputed that the earlier map which was prepared at the trial stage was not on scale. There is a dispute of Rasta between the parties. What is the exact location of Rasta has to be  decided by measurement and that can be demonstrated in a scale map and not in a site-plan without scale. In this view of the matter only the appellate court to facilitate the court itself for just and proper decision in the matter, has directed for preparation of map and report by the Amin and the order does not appear to have any legal or procedural error as to warrant interference in extra ordinary jurisdiction of this Court in a writ petition.

The writ petition, having no force, is hereby dismissed.

16.2.2006

SUA/9732-06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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