Court No. - 28 Case :- WRIT - C No. - 55466 of 2008 Petitioner :- Chand Kiran And Another Respondent :- State Of U.P. & Others Petitioner Counsel :- M.C. Gupta Respondent Counsel :- C.S.C. Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the petitioners and the learned AGA for the
State and perused the record.
Respondent no. 1 filed counter affidavit. Let it be taken on rcord.
The learned counsel for the petitioners is permitted to implead Gaon Sabha as
respondent no.3.
The learned counel for the petitioners submitted tht the impugned order is an
exparte order and no opportunity was given to the petitioner. It was also
submitted that in case some interim order is not passed the disputed land may
be allotted to some other persons.
The petitioners have an alternative remedy to move appropriate application
before the SDM for setting aside the exparte order. If any such application is
moved it shall be given due consideration and appropriate order thereon shall
be passed in accordance with law. The allotment if any of the disputed land in
favour of any other person will be subject to the final decision of the case
pending before the concerned SDM.
With the aforesaid observations, the writ petition is disposed of finally.
Order Date :- 19.1.2010
MTA