RICHPAL SINGH Vs. CONSOLIDATION OFFICER, KAIRANA AND OTHERS

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and Shri K. B. Garg for the Gaon Sabha. By means of this writ petition the petitioner has prayed for quashing the notice dated 10-1-1989 contained in Annexure V attached with the writ petition. He has also prayed for a direction in the nature of mandamus staying the operation of the notice dated 10.1.1989 and staying the petitioners dispossession from plot nos. 374 area 5 Bigha and 402 area 2 Bigha 15 Biswa, situate in village Balwa, Pargana Shamli, District Muzaffarnagar, and other.

(2.) A preliminary objection has been raised on behalf of the Gaon Sabha that the present writ petition is not maintainable in view of the circumstance that the petitioner has not given full facts and has concealed material facts Second submission made on behalf of the Gaon Sabha is that the petitioners claim regarding title is pending before the appellate authority, therefore the petitioner can seek requisite relief before the appellate authority and on the ground of alternative remedy this writ petition should be dismissed.

(3.) The learned counsel for the petitioner has asserted that there is no concealment of material facts in the facts and circumstances of the present case. Relevant facts have been mentioned in the rejoinder affidavit and according to him relevant facts for getting relief in the writ petition were mentioned.