RAJ KUMAR SINGH versus D.D.C. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Raj Kumar Singh v. D.D.C. & Others - WRIT - B No. 67988 of 2005 [2006] RD-AH 3958 (20 February 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 40

Hon'ble S.N.Srivastava,J.

Heard learned counsel for the parties.

By an order  dated 18.5.2005 of Deputy Director of Consolidation, reference was accepted in absence of petitioner.  Learned counsel for petitioner states that petitioner is aggrieved of the order accepting the reference as area of the land allotted to petitioner  was reduced and petitioner was not served any notice.  In spite of the fact that three days' and no more time was granted to learned counsel for Opposite Party to file counter-affidavit on 2.1.2006, no counter-affidavit has been filed so far. Cause shown for non-appearance of the petitioner is sufficient. Petitioner was entitled to be heard before passing the order dated 18.5.05 . Writ petition deserves to be allowed.

Writ petition succeeds and is allowed. The order-dated 18.5.2005 passed by Deputy Director of Consolidation is quashed.  Both the parties are directed to appear before Deputy Director of Consolidation, Ghazipur, who shall hear and decide the reference in accordance with law after providing opportunity of hearing to all the concerned parties, within three weeks from the date of production of a certified copy of this order.

Dt.20.2.06

SU/67988/05

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