RADHEY SHYAM Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard Ms. Rishu Mishra, Advocate holding brief on behalf of Sri Uma Kant, learned Counsel for the Petitioner and Sri Om Prakash Mishra, Advocate for Respondent Nos. 2,3 and 4.

(2.) This writ petition is directed against the orders dated 4.8.2007 and 15.10.2007 (Annexures-5 and 6 to the writ petition respectively) whereby Petitioner's application for appointing survey commission has been rejected by appellate Court on various grounds including extraordinary delay and also that Appellant cannot be allowed to fill in the lacuna.

(3.) Learned Counsel for the Petitioner contended that in order prove possession of parties on the area in question it was necessary to appoint survey commission for which Petitioner's application has been made but without looking into this aspect of the matter the appellate Court has illegally rejected the same. She also placed reliance on a judgment of this Court in Gajraj and Ors. v. Ramadhar and Ors., 1975 AIR(All) 406.