Court No. - 43
Case :- WRIT - B No. - 2988 of 2018 Petitioner :- Ram Murat Pandey Respondent :- State Of U.P. Mirzapur And 5 Others Counsel for Petitioner :- Brij Bhushan Paul,Anand Prakash Paul Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J.
Supplementary Affidavit filed today is taken on record.
Heard Sri Brij Bhushan Paul, learned counsel for the petitioner and learned Standing Counsel for respondent Nos. 1 and 2.
Issue notice to the respondent Nos. 3 to 6 returnable on 23.04.2018.
Steps be taken within 10 days.
It is contended on behalf of the petitioner that the name of the petitioner was recorded vide an order of Consolidation Officer dated 9.01.1988. A copy of the CH Form No. 23 is on the record as Annexure-6 to the writ petition.
By the impugned order, the Deputy Director Consolidation has reopened the entire matter on non existent facts he has ignored the material fact that on the basis of report of ACO and CO, the Deputy Director Consolidation had issued notice to opposite party on 12.09.2000. But respondent Nos. 3 to 6 did not appear before him.
The notification under Section 52 was made on 20.08.2011 and the petition is in possession over the land in dispute.
Matter needs consideration.
Till the next date of listing the effect in operation of the impugned order dated 27.10.2017 shall remain stayed.
Order Date :- 28.2.2018 S. Thakur