NAGAR PALIKA CHITRAKUT DHAM Vs. B.R.

JUDGEMENT

(1.) Heard Sri L.P. Singh, along with Sri Brijesh Singh for the petitioner and Sri Daya Shankar Srivastava for respondent-2.

(2.) This writ petition has been filed against the order of Board of Revenue, U.P. dated 21.11984, allowing the second appeal and setting aside the order of Trial Court and First Appellate Court dated 21.9.1982 and 5.1.1984, passed in the suit filed by the petitioner.

(3.) In short, the petitioner filed a suit, registered as Suit No. 110 of 1974, under section 229-B of U.P. Act No. 1 of 1951, read with Section 64 of Urban Area Zamindari Abolition and Land Reforms Act, for declaring him to be owner of plot no. 167 and in contingency, if the possession of the plaintiff is not found, then decree for possession over it. The suit was contested by Harish Chandra Gupta, respondent- 2, on the ground that Nagar Palika, Chitrakoot Dham, Karvi has exchange disputed plot no. 167, area 7 biswa from his holding of plot no. 519, area 7 biswa, situated within the municipal limits of Nagar Palika, Karvi, through resolution dated 28.4.1969. The resolution has been duly approved by Collector by his order dated 18.8.1969. On the basis of the aforesaid resolution, the defendant applied for mutation of his name over the land in dispute and SDO, Karvi by order dated 20.7.1970, directed for mutation of his name over it. The exchange has already been acted upon, therefore, subsequent order of the Collector rescinding the resolution of Municipal Board, has no effect.