Court No. - 34
Case :- WRIT - C No. - 18718 of 1990 Petitioner :- Son Pal Singh Respondent :- Addl.Commissioner Counsel for Petitioner :- S.D.Pathak,Dinesh Pathak,S.V. Pathak Counsel for Respondent :- S.C.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Dinesh Pathak, learned counsel for petitioner and perused the record.
2. Ceiling proceedings in respect of land in dispute which was admittedly recorded in the name of petitioner's father, Lalit Mohan Singh, stood finalized after dismissal of appeal by Apex Court in 1984. Thereafter petitioner, for the first time, on 27.09.1989 moved an application before Prescribed Authority requesting for recall of order dated 17.07.1978, whereagainst writ petition was dismissed by this Court and matter has attained finality upto Supreme Court also.
3. Learned counsel for petitioner submitted that petitioner's date of birth is of 1949 but even in this regard he has not placed any reliable material on record and only a certificate got issued by one, Meva Ram, Primary Health Center, Ripuriya dated 16.02.1990 has been placed on record. Besides, another record of Parivar Register of petitioner's own family issued in 1990 has been placed on record. Petitioner has signed the petition and is educated but no credible material has been placed on record about his date of birth.
4. Even otherwise, since all the Courts below have recorded finding of fact and matter has attained finality upto Supreme Court, I do not find any reason to interfere under Article 226 of the Constitution.
5. Writ petition lacks merit. Dismissed. Interim order, if any, stands vacated.
Order Date :- 23.1.2019 AK