LAWS(ALL)-2009-12-96

DOD RAJ Vs. COMMISSIONER BAREILLY DIVISION

Decided On December 03, 2009
DOD RAJ Appellant
V/S
COMMISSIONER, BAREILLY DIVISION, BAREILLY Respondents

JUDGEMENT

(1.) Learned counsel for petitioners, learned Standing Counsel representing respondent Nos. 1 and 2 and Shri M.N.Singh, learned counsel representing Land Management Committee ? respondent No. 3 have agreed for final disposal of the second writ petition at the admission stage and for the final disposal of the first writ petition without filing counter-affidavit as the Court proposes to remand the matter to Sub Divisional Officer.

(2.) First writ petition is directed against five orders passed by S.D.O./Deputy Collector, Baheri District Bareilly. All the orders were passed on 1.5.2008 in case Nos. 169, 170, 171, 174 and 180 of 2007-08. The cases were registered under Section 202 and Rule 176-A of U.P. Z.A. & L.R. Act and the Rules framed thereunder. In all the cases State was applicant and different petitioners were opposite parties in different cases. Against the said orders five revisions were filed being revision No. 92, 93, 94, 96 and 97 all of 2008-09. Commissioner, Bareilly division Bareilly dismissed the revisions on 28.5.2009. The said order has also been challenged through the first writ petition.

(3.) Exactly similar orders were passed against the petitioner of the second writ petition. Number of the case decided by the Deputy Collector against the petitioner on 15.9.2008 is 185 of 2007-08. Revision filed against the same being revision No. 95 of 2008-09 was dismissed by Commissioner, Bareilly division, Bareilly on 28.5.2009. The said orders have been challenged through second writ petition.