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Madhuresh Narain v. D.D.C. - WRIT - B No. 1901 of 1977 [2006] RD-AH 11113 (7 July 2006)


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(Court No. 51)

Civil Misc. Writ Petition No. 1901 of 1977

Mathuresh Narain and another Versus Deputy Director of Consolidation Basti and others.

Hon'ble S.U. Khan J

List revised. No one appears for the respondent even though the case is listed peremptorily.

Heard Sri Tripathi B.G.Bhai learned counsel appearing for the petitioner.

This writ petition is directed against judgement and order dated 27.10.1977 passed by Assistant Director of Consolidation, Basti in Revision No. 117 (through the said judgement some other revisions were also decided / dismissed which are not relevant for the purposes of this writ petition).

In consolidation proceedings petitioners' mother Smt. Saraswati had been given Chak No. 364. Smt Saraswati was not made party in revision No. 117 as is apparent from grounds of the said revision, copy of which is annexure 1 to the writ petition. Learned counsel for the petitioner further states that before decision of the revision Smt Saraswati had also died. Petitioners who are successors of Smt Saraswati were also not impleaded in the revision. Revisional Court in its judgement on page 20 of the paper book held that he was taking out some land from Chak No. 364 and other Chaks. From the Talika/ Schedule attached to the judgement of the D.D.C also it is clear that some land from Chak No. 364 belonging to Smt Saraswati was taken away. Rights of a person can not be affected by a judgement if in the case in which judgement is delivered the said person is not a party. As Saraswati Devi was not a party in the revision hence her Chak could not be affected/ disturbed.

Writ petition is  allowed. Impugned judgement and order passed by D.D.C is set-aside in respect of Chak of Smt Saraswati which devolved after her death upon the petitioners.




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