SUKHWASI Vs. COMMISSIONER KANPUR DIVISION KANPUR

JUDGEMENT

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

(2.) PROPERTY in dispute is situate in a village of Tehsil Chibra Mau. Before 17-9-1997 the said Tehsil was included in District Farrukhabad and thereafter it was included in District Kannauj. On 17-9-1997 a recommendation was made by Additional District Magistrate to the District Magistrate, Farrukhabad and on the next date i. e. 18-9-1997 District Magistrate, Farrukhabad passed an order which is contained in Annexure-3 to the writ petition. In the said order it is mentioned that Pradhan of the village had given an application stating therein that about two to two and half years before previous Pradhan and previous Lekhpal had prepared a fake allotment file of land of Gram Sabha of the said village and proceedings were being initiated on the basis of the said file at the time of giving the application by Pradhan. Report was called for from the Tehsildar who submitted the report on 12-9-1997 and stated that allotment in favour of 49 persons was shown to have been approved by R. N. Singh, Deputy Collector on 22-2-1995 while at that time the job of the Deputy Collector was being performed by the then Additional District Magistrate. The District Magistrate held that from the perusal of file it was clear that entire file had subsequently been prepared in a forged and fake manner (farji) hence it was not possible to affect mutation and delivery of possession on the basis of the said file.

(3.) LEARNED Counsel are not aware about the fate of restoration application filed by the petitioner.