Court No. - 5 Case :- WRIT - B No. - 2296 of 1974 Petitioner :- Hasai & Others Respondent :- D.D.C. & Others Petitioner Counsel :- L. Bihari,U.K.Misra Respondent Counsel :- Jagdish Pd.,S.C. Hon'ble Vikram Nath,J.
This petition is of the year 1974. Today there is an illness of the learned
counsel for the petitioner. The Court is not inclined to honour the illness slip
in such an old matter. No mention has been made on behalf of the petitioner.
I have perused the material on record.
The Deputy Director of Consolidation after considering the material on record
came to the conclusion that Shiv Dutt had no right to execute second sale
deed in favour of Hasai the petitioner and in case the sale deed had been
executed it would not confer any right on Hasai for the reason that Shiv Dutt
had earlier executed gift deed which had been acted upon and despite that if
Shiv Dutt continued in possession, he could not perfect his right. The finding
being finding of fact based upon consideration of material on record, does not
warrant interference in writ jurisdiction.
Petition lacks merit. It is accordingly dismissed.
Order Date :- 10.8.2010
RPS