High Court of Judicature at Allahabad
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Bipat v. Dy. Director Of Consolidation, Jaunpur & Others - WRIT - B No. 20480 of 2007  RD-AH 7998 (30 April 2007)
Civil Misc. Writ Petition No. 20480 of 2007
Bipat son of Raj Kishore ......... Petitioner
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.
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