INDRASANI AND ORS. Vs. ADDITIONAL COMMISSIONER AND ORS.

JUDGEMENT

(1.) Heard Sri Alok Kumar Yadav as well as Jigyasa Singh, learned counsel for the petitioners, learned Standing Counsel for the State-respondent and learned counsel appearing on behalf of private respondents.

(2.) The present petition has been filed challenging the order dated 15.3.2004 passed by UP-Zila Adhikari Ghosi, Mau (respondent no. 2) whereby the allotment granted in favour of petitioners under section 123 (1) of Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the 'Act, 1950') has been cancelled on an application moved by Gram Sabha as well as the order dated 15.1.2009, passed by Additional Commissioner (I) Azamgarh Division, Azamgarh (respondent no. 1) whereby the revision filed challenging the order dated 15.3.2004 was dismissed.

(3.) This Court, vide order dated 06.5.2009, had granted six weeks' time to the Standing Counsel to file counter affidavit but no counter affidavit was filed in 11 years, as such, vide order dated 14.1.2020, this Court granted final opportunity of three weeks' to file counter affidavit. Despite the said, no counter affidavit has been filed, as such, the present petition is being disposed off on the basis of unrebutted averments made in the writ petition.