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ROJAN versus ADDL. COMMISSIONER I, AZAMGARH DIVISION & OTHERS

High Court of Judicature at Allahabad

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Rojan v. Addl. Commissioner I, Azamgarh Division & Others - WRIT - C No. 30723 of 2007 [2007] RD-AH 11850 (12 July 2007)

 

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 Arun Tandon, J.

The writ petition filed by the petitioner is totally misconceived.  The Additional Commissioner under his order dated 13.9.2006 passed in Revision No. 392/407-A in exercise of power under Section 219 of the Land Revenue Act has quashed the order of the Courts below dated 13.9.2001 and dated 21.9.2004 and has remanded the matter to be decided afresh after affording opportunity of hearing to the parties concerned.  In compliance to the order of the commissioner referred to above, no further hearing in the matter has taken place nor any fresh orders have been passed by the first court.  The Revenue Authorities having regard to the orders of the Commissioner dated 13.9.2006 have made necessary endorsement in the Khatauni whereunder the position as was prevailing prior to 13.9.2006 has been restored.  Such order of the Revenue Authority which are only in compliance of the order of the Additional Commissioner cannot be faulted with.  Writ petition is dismissed.

However it is provided that the initial Court shall take appropriate decision strictly in accordance with the direction issued under the order of the Additional Commissioner dated 13.9.2006 preferably within six weeks from the date a certified copy of this order is filed before him.

It is needless to emphasize  that if necessary endorsement in the revenue records shall be made again accordingly to the subsequent orders to be passed by the authorities.

Dated: 12.7.2007

V.R./30723/07


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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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