Court No. - 6 Case :- WRIT - C No. - 71562 of 2009 Petitioner :- Rameshwar Dayal Respondent :- State Of U.P. And Others Petitioner Counsel :- Ram Sajiwan Respondent Counsel :- C.S.C.,D.D. Chauhan Hon'ble Arun Tandon,J.
Under the impugned order the Collector, Kannauj as well as Additional
Commissioner, Kanpur Division, Kanpur have recorded that the petitioner
was allotted only .60 dismal of land qua Gata No. 50/6, however he has got
his name recorded in respect of other area of the said plot illegally. Therefore,
it has been directed that the name of the petitioner be permitted to continue
over plot no. 50/6 to the extent of 0.60 dismal only and on the remaining area
the name of the Gaon Sabha be recorded.
On behalf of the petitioner reference has been made to the order passed by the
Consolidation Officer for establishing that the entire plot was allotted in his
favour. However, he is not in a position to produce the original allotment
order or proceedings, which could establish as to what area of land in fact was
allotted to him.
In view of the aforesaid, no interference can be made by this Court against the
order impugned. However, liberty is granted to the petitioner to file a suit for
declaration of his title and possession, as he may be advised, in accordance
with law.
Writ petition is dismissed.
Order Date :- 5.1.2010
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