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SACHIN KUMAR versus DY. DIRECTOR OF CONSOLIDATION, MUZAFFAR NAGAR & OTHERS

High Court of Judicature at Allahabad

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Sachin Kumar v. Dy. Director Of Consolidation, Muzaffar Nagar & Others - WRIT - B No. 72984 of 2005 [2005] RD-AH 7955 (21 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

W.P. No. 72984 of 2005

Hon. S.N.Srivastava, J.

Both the parties in the instant petition are transferees from the land in dispute. The petitioner claims to have purchased the land in the year 1995 while contesting respondent claims to have purchased the land on 7.11.2005. The dispute, ex-facie, appears to be a dispute of actual demarcation. The petitioner plans to raise temporary construction for the purposes of animal husbandry. On the other hand, the contesting respondent, in the absence of demarcation of land, apprehends that such temporary construction might be raised on their land.

In the facts and circumstances of the case, this Court is of the view that actual demarcation on the land covered by the two sale deeds be made on the spot. The petitioner may raise temporary construction for the purposes of animal husbandry on the land so demarcated which shall be subject to orders as may be passed at the time of final allotment proceeding. The District Deputy Director Consolidation is directed to deploy some officers of the consolidation department to make demarcation on the land covered by two sale deeds which work may be taken to completion within 15 days from the date of production of a certified copy of this order. The report so prepared maybe placed before this Court alongwith affidavits of some officer of the consolidation department.

Learned counsel for both the parties may produce certified copy of this order before District Deputy Director Consolidation within three days.

List this matter on 23.1.2006.

M.H.

21.12.2005


Copyright

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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