JAGANNATH PRASAD Vs. VISHWANATH PRASAD

JUDGEMENT

(1.) The facts are : On 6-3-1990 an application by Jagannath Prasad and 13 others to enter Khasra Nos. 1694 and 1694 as abadi as against entry of Banjar and manure pit. It is alleged order to this effect had been passed by Deputy Director of Consolidation on 13-9-1973. But order not given effect to in records. On 23-2-1990 trial Court directs land be entered as abadi.

(2.) On 2-3-1992 a restoration application by Gaon Sabha on the ground that no notice was given to Land Management Committee. Also land is vested in Gaon Sabha and order dated 24-2-1990 is ex-parte. That Jagannath Prasad's are not in possession; the claim to the contrary is wholly incorrect. The relief to set aside the order dated 24-2-1990 is prayed for. On 20-8-1992 restoration is granted. The order dated 24-2-1991 goes under.

(3.) A counter restoration application by Jagannath Prasad's on 28-4-1993. It has been urged the order was in his favour yet he was not heard before passing the order dated 20-8-1992. That he had no chance to refute the contents of Gaon Sabha restoration. On 7-5-1993 trial Court has rejected this counter-restoration.