PRATAP SINGH SHISHODIA Vs. BOARD OF REVENUE ALLAHABAD

JUDGEMENT

(1.) S. K. Singh, J. Heard Sri Kunwar R. C. Singh in support of this petition. No body appeared for the respondents.

(2.) CHALLENGE in this petition is the order passed by Board of Revenue, Additional Commissioner and that of the Additional Collector dated 24. 11. 1983, 10. 6. 1983 and 13. 1. 1982 (Annexures-XI, X and VIII) respectively.

(3.) SUBMISSION of learned counsel is that as the town area committee was under suspension, the prescribed authority was incharge of the affairs, he after getting report from lower staff allotted the land to the petitioner in which, no illegality can be found. SUBMISSION is that petitioner has been validly allotted the land being entitled for the same which is clear from the reports so submitted. It was then submitted that even if it is found that allotment in favour of petitioner is illegal, as the petitioner obtained possession and raised some construction, land is to be settled with him on market rate as has been held by this Court in the case of Sukhdeo v. Collector, 2007 (102) RD 83 : 2007 (5) AWC 5107 and Kishore Singh v. Addl. Collector, 2007 (102) RD 303. In view of the aforesaid, this Court has examined the matter.