KAILASH NATH GUPTA Vs. UPPAR MUKHYA NAGAR ADHIKARI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner is plaintiff in O.S. no.520 of 1983 which he has instituted against respondent nos. 1 and 2, the authorities of Bhadoi Industrial Development Authority.

(3.) The suit is for permanent prohibitory injunction seeking to restrain the defendants from interfering in the plaintiff's possession over the land in dispute. Plaintiff claims to have matured his title through adverse possession over the same. In the suit application for inspection through Amin was filed and allowed. Amin gave the report on 17.5.1984, copy of which is Annexure 2 to the writ petition. Objections filed against the Amin report by the defendants respondents are Annexure 4 to the writ petition. Objections were rejected by the trial court/Munsif Bhadoi, Gyanpur (which at the relevant time was in District Varanasi) on 26.3.1993 and Amin's report was confirmed. Against the said order defendants respondents no. 1 and 2 filed revision being Civil Revision no.192 of 1993. IXth A.D.J. Varanasi allowed the revision through order dated 11.12.1997, rejected Amin's report and directed the Amin to survey plot nos. 155 and 156 at 11 AM on 11.1.1998 in the presence of learned counsel for both the parties. Revisional court held that report of the Amin was ex parte and it was not proved that counsel of the respondents was informed about the date of inspection.