High Court of Judicature at Allahabad
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Ved Prakash & Another v. State Of U.P. & Others - WRIT - C No. - 53169 of 2007  RD-AH 18546 (30 November 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Janardan Sahai, J.
It is submitted by the petitioners' counsel that by the impugned order dated 12.8.2003 a direction has been given that if the disputed land has been alloted to the tenure holder in consolidation proceedings possession thereof may be taken from the tenure holder whose land has been declared as surplus. The report of the Stamp Reporter indicates that the writ petition suffers from laches of three years and 335 days. Counsel for the petitioner submitted that in fact the petitioner is not the tenure holder against whom the ceiling proceeding were taken but the land in question has been alloted to the petitioner in lieu of the land of the petitioner in consolidation proceedings.
In view of the stand taken by the petitioner's counsel that he is not the tenure holder whose land was declared surplus and the impugned order shows that the possession of the land allotted in consolidation proceedings to the tenure holder (against whom ceiling proceedings were taken) the petitioner is not really aggrieved by the order impugned. No ground for interference has been made out. Dismissed.
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