Case :- WRIT - B No. - 28 of 1985 Petitioner…
Petition allowed; impugned order modified to determine chaks as per possession existing on 3 January 1985.
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Court No. - 47
Case :- WRIT - B No. - 28 of 1985
Petitioner :- Ram Lakhan Respondent :- J.D.C.And Others Counsel for Petitioner :- G.D. Mishra Counsel for Respondent :- K.N. Tripathi,S.C.
Hon'ble Suneet Kumar,J.
Heard the learned counsel for the parties.
Petitioner by the instant writ petition is assailing the judgement and orders dated 9 June 1981 and 29 November 1984 passed by the first respondentJoint Director of Consolidation, Basti, and second respondent-Assistant Director of Consolidation, Basti, respectively, whereby, chak of the petitioner was disturbed pursuant to the revisional order dated 29 November 1984.
It is not being disputed by the parties that an interim order dated 3 January 1985, directing parties to maintain status quo in respect of the disputed chak came to be passed by this Court. Pursuant thereof, parties are in possession of their respective chaks, finalized at the stage of Settlement Officer of Consolidation. The learned counsel for the parties, on instructions, have agreed that possession over their respective chaks need not be disturbed in view of the impugned order, and be finalized on spot as per their respective possessions for the reason that more than 32 years have passed since then.
In the circumstances, the writ petition succeeds and, is accordingly, allowed in terms of the interim order dated 3 January 1985. The chaks of the respective parties shall be determined as per their respective possessions that existed on 3 January 1985, the impugned order shall stand modified to that extent.
No cost.
Order Date :- 8.2.2018 Mukesh Kr.
Ram Lakhan
J.D.C.
Suneet Kumar
As recorded by the court registry
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