PRAPHULL KUMAR RAI Vs. STATE OF U P

JUDGEMENT

(1.) ASHOK Bhushan, J. Heard Sri R. N. Singh, learned Senior Advocate, assisted by Sri Satish Rai, for the petitioners and Sri M. K. Gupta, learned Counsel for the contesting private respondents as well as learned Standing Counsel.

(2.) COUNTER and rejoinder affidavits have been exchanged between the parties and with the consent of learned Counsel for the parties, the writ petition is being finally decided.

(3.) ACCORDING to Section 3 (2), the fixed boundary in relation to river Ganga was to be demarcated by authority appointed by the Central Government. As per schedule of 1968 Act, certain villages which fell between deep stream and fixed boundaries were transferred to the State of U. P. and certain villages were transferred from State of U. P. to State of Bihar. The land in dispute comprising in different villages is transferred territory from the State of Bihar to State of U. P. Record operations were held in the State of Bihar. Arising out of record operation started in the State of Bihar, an appeal was filed before the Commissioner, Patna, who transferred the appeal to the Commissioner Varanasi vide order dated 20. 6. 1971. The Commissioner Varanasi vide order ed 7. 8. 1978 abated the proceedings. In series of litigation arising through record and survey operation, the matter was decided by Commissioner Patna vide order dated 18. 6. 1985, in survey appeal No. 194 and 38 other appeals. The appeals filed by group represented by the petitioners were dismissed. Revision was filed before the Board of Revenue which was dismissed against which writ petition No. 7694 of 1989 was filed in the High Court of Judicature at Patna which writ petition was permitted to be withdrawn to enable the petitioners to move Allahabad High Court.