CHANDRA JOTA Vs. DEPUTY DIRECTOR OF CONSOLIDATION AZAMGARH

JUDGEMENT

(1.) S. U. Khan, J. Heard learned Counsel for the parties.

(2.) THIS writ petition was earlier allowed by me on 20-4-2006 without hearing any one on behalf of respondents as no one had appeared. Thereafter re-hearing application was filed on behalf of contesting respondents which was allowed on 9-2-2007 and judgment and order dated 20-4-2006 was set aside. Thereafter arguments of learned Counsel for both the parties were heard on merit of the writ petition on 11-5-2007 and judgment was reserved.

(3.) THE main dispute in this writ petition is about plot Nos. 193 and 193/361. This writ petition arises out of second consolidation proceedings. After the conclusion of first consolidation proceedings plot No. 193 was bifurcated into two plots i. e. 193 area 2. 051 acres and 193/361 area 0. 439 acres. Petitioner Nos. 1 and 2 i. e. Smt. Chandra Jota and Smt. Kalawati purchased an area of 0. 230 acres of plot No. 193 which belonged to Banshu. Normally such a small area is purchased for abadi purposes and not for agricultural purposes. Moreover it is admitted to both the parties that said plot is situate just adjacent to the abadi and also near the road. This position is also clear from the map brought on record through supplementary counter-affidavit filed on 14-3-2007, duplicate copy of which was supplied on the date on which arguments were heard.