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BHAGWAN DAS versus D.D.C., VARANASI & OTHERS

High Court of Judicature at Allahabad

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Bhagwan Das v. D.D.C., Varanasi & Others - WRIT - B No. 12106 of 1996 [2005] RD-AH 6885 (5 December 2005)

 

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. S. K. Singh, J.

By means of this writ petition, challenge is to the judgment of the Deputy Director of Consolidation and the appellate authority.

Proceedings are under Section 20 of the U.P.C.H. Act which relates to adjustment of chak between the parties. It is not to be emphasized that in these proceedings both parties can never be satisfied as it is not possible to accept the claim of both sides. So far the case in hand is concerned petitioner has been given two chaks and in view of the finding given by the courts below both chaks are on his original holding and, therefore, this Court is not satisfied that there is any violation of Section 19 of the U. P. C. H. Act or petitioner can be said to have suffered any prejudice calling for interference in the writ petition.

Writ petition was filed in the year 1996 and no stay was granted and, therefore, now after laps of about nine years admittedly things have settled on the spot and thus on these facts there is no occasion to   unsettle the things.

For the reasons recorded above, writ petition fails and is dismissed.

2.12.2005.

SKS

12106/1996


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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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