JAI NARAIN Vs. COLLECTOR (NORTH WEST)

JUDGEMENT

(1.) Vide the present petition, the petitioners seek quashing of the impugned order dated 12.12.2008 passed by the respondent No.1 in Case No.24/DC/NW/2005 and directions, thereby directing the respondents No. 1 and 2 to allot Plot No. 304 in favour of the petitioners.

(2.) Brief facts of the case are that Scheme for consolidation of land of Village Khera Khurd was framed during the period 1973-75. In the year 1974, father of the petitioners No.1 and 3 to 7, namely, late Shri Ram Murti (to be referred as 'Predecessor-in-Interest'), moved an application before the Consolidation Officer for allotment of 2 Bighas land. Pursuant thereto, Consolidation Officer offered Plot No. 341, however, Predecessor-in-Interest was desirous of having Plot No.304, which demand was refused by the Consolidation Officer vide its order dated 08.12.1975. Accordingly, an application was moved by him before the Settlement Officer, which was dismissed vide order dated 16.12.1976. Being aggrieved, the same was challenged before the Additional Collector, which was accepted vide order dated 20.11.1978.

(3.) Being aggrieved respondents No. 3 to 8 challenged the order of the Additional Collector vide W.P.(C) No. 284/79. The same was dismissed by this Court vide order dated 03.01.2003. Thereafter, the respondents No. 3 to 8 filed a Review Petition No.2653/2003 in W.P.(C) No. 284/79, which was dismissed vide order dated 07.03.2003. Then the aforesaid respondents filed an LPA No. 47/2003, which was also dismissed by the Division Bench of this Court vide its order dated 28.02.2005. Consequently, the said respondents moved to the Supreme Court vide SLP (Civil) No. 11366 of 2003, which was disposed of vide order dated 08.03.2004 and the matter remanded to this Court for fresh adjudication.