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DEEPA BIND versus D.D.C.

High Court of Judicature at Allahabad

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Deepa Bind v. D.D.C. - WRIT - B No. 2748 of 1994 [2005] RD-AH 7400 (13 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'ble S.K. Singh, J.

Heard learned counsel for the petitioner and learned Standing Counsel.

Proceedings are under Section 20 of the U.P.C.H. Act, which is in respect to allotment of plots in the chak of the parties. Needless to say in these proceedings both the parties can never be satisfied as it is not possible for the authority to accept claim of both parties in its entirety.

So far the case is hand in concerned on perusal of the judgment of the courts below it appears that proceedings have been started about 40 years back and now that has been finally finalised in the year 1993 and thus, after final arrangement from all the three courts more than 12-13 years has passed and there is no stay from this court. In view of the aforesaid, it is clear that parties have got themselves settled on the spot long back and there is finding also by the court below that in view of the allotment of portion of land possession of large number of persons have intervened and therefore, any kind of interference may lead to unsettle things which already stood settled long back which may not be in the interest of justice. Otherwise also this court is not satisfied that there is any violation of mandate of U.P.C.H. Act or petitioner can be said to have suffered any serious prejudice calling for interference in the writ jurisdiction.

Writ petition accordingly fails and it is dismissed.

13.12.2005

M.A.A.


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