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BIPAT versus DY. DIRECTOR OF CONSOLIDATION, JAUNPUR & OTHERS

High Court of Judicature at Allahabad

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Bipat v. Dy. Director Of Consolidation, Jaunpur & Others - WRIT - B No. 20480 of 2007 [2007] RD-AH 7998 (30 April 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

Court No.5

Civil Misc. Writ Petition No. 20480 of  2007

Bipat son of Raj Kishore                     ......... Petitioner

Versus

Deputy Director of Consolidation,

Jaunpur and others      ..............  Respondents

---------

Hon'ble Janardan Sahai, J

According to the petitioner he was granted permission to make construction over plot no. 217  area  .27 decimal on 0.06 decimal area . The petitioner's case is that he has constructed his house upon that portion but by order dated 2.12.2006 the Assistant Settlement Officer, Consolidation directed the Station House Officer that if the constructions are being made without permission they may be stopped. The petitioner filed a revision which has been dismissed on the ground that it is not maintainable. The learned counsel for the petitioner has filed a copy of the order dated 13.10.2005 of the Assistant Consolidation Officer, Jaunpur along with the supplementary affidavit and he submits that by that order he was permitted to raise construction which he has already completed.

I have heard counsel for the petitioner and Sri S.K.Yadav,  holding brief for Sri Anuj Kumar counsel for the respondent no.3, the Consolidation Commitee also.

Counsel for the petitioner states that the order dated 13.10.2005 has not been filed before the Settlement Officer Consolidation. In the facts and circumstances it is appropriate that  the petitioner may make a representation along with a copy of the order granting permission to raise construction over plot in question and the Settlement Officer Consolidation may consider the same and  pass fresh appropriate orders. It is made clear that no opinion upon the merits of the petitioner's case is being expressed by this Court and the Settlement Officer may also examine whether the permission relates to the plot in question.

With the aforesaid direction, this petition is disposed of.

Dt. 30.4.2007

sn


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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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