Court No. - 18
Case :- WRIT - C No. - 20156 of 2018 Petitioner :- Prem Singh Respondent :- Additional District Magistrate And 2 Others Counsel for Petitioner :- Rahul Kumar Tyagi Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
This writ petition is preferred against the order dated 09.03.2018 passed by Additional District Magistrate, Judicial, Meerut in Revision no.4722/2017 computer case no.D-2007115204722 (Prem Singh vs. Gram Sabha and others) and order dated 17.07.2017 passed by Tehsildar/Assistant Collector, First Class, Meerut in Case no.T- 2016115201493 (Gram Sabha vs. Prem) as well as impugned notice dated 13.05.2013 issued by Tehsildar, Meerut.
Learned counsel for the petitioner submits that so far as Khasra no.232 is concerned, the same is a Milzumla plot where as plot no.232Ka is recorded as Johad and Plot no.232Kha is recorded as abadi and the petitioner is in possession over the plot in question, which has no concern with the disputed plot, and ends of justice would be met, if a fresh direction is issued to the authority concerned to carry out fresh spot inspection and demarcation, subject to objections, if any, by the petitioner.
Learned Standing Counsel appearing for the State respondents and Shri Mahesh Narain Singh, learned counsel for respondent no.3 have no objection.
This writ petition is disposed of with the direction to the competent authority concern to carry out fresh spot inspection and demarcation of the plot in question in accordance with law, as expeditiously as possible preferably within two months and in the event the report is adverse to the petitioner, he shall be given an opportunity to prefer objections/evidence, if any.
The orders dated 09.03.2018 and 17.07.2017 shall abide the fresh order so passed by the competent authority concerned.
Order Date :- 29.5.2018 A. Pandey