Court No. - 6 Case :- WRIT - C No. - 47169 of 2010 Petitioner :- Budhu Respondent :- Chatrapal Singh & Others
Petitioner Counsel :- Harsh Vikram,D.V. Jaiswal
Respondent Counsel :- C.S.C.,Mahesh Narain Singh
Hon’ble Krishna Murari, J.
Heard learned counsel for the petitioner. Notice on behalf of
respondent no. 4 has been accepted by Shri M.N. Singh and
learned Standing Counsel who has accepted notices on behalf of
respondent nos. 5 to 7. They may file counter affidavit within six
weeks.
Issue notice to the respondent nos. 1 to 3, who may also file
counter affidavit. Petitioner shall take steps for service of notice on
the respondent by registered post within two weeks. Office shall
issue notices returnable at an early date.
List for admission after service of notice on the respondents.
The submission is that the petitioner and before him, his ancestors
had been in possession over the plot in dispute since 1349 fasli
but the name of the petitioner was illegally expunged by the
respondent no. 6 by his order dated 18.12.2008, which was
passed without issuing any notice to the petitioner and without
affording him any opportunity for hearing and the revision
preferred by the petitioner against the aforesaid order was also
illegally dismissed treating the petitioner as Asami of Gaon Sabha
without considering his plea of long possession.
Considering the submissions made and the facts stated, the
petitioner is entitled to an interim order.
Till the next date of listing, parties shall maintain status quo as on
date with regard to the possession over the land in dispute.
11.08.2010
VKS/ WP 47169/10