RAMA NAND Vs. COMMISSIONER

JUDGEMENT

(1.) After hearing the learned counsel for the parties for a considerable length of time, all the counsels are ad idem, that the demarcating officer concerned, did not step into the witness box to prove the demarcation report, as became prepared by him.

(2.) They are also ad idem that thereby the said report cannot be deemed to be proven, in accordance with law. Consequently, they make a joint statement before this Court that, in the face of a defective demarcation report, and, which also became relied upon respectively by the learned Assistant Collector concerned, and, by the learned Commissioner concerned, in theirs respectively making the impugned Annexures P-3 and P-5, thereby, the gross injustice has been done to the litigants.

(3.) In sequel, they are also ad idem that after quashing the impugned orders, this Court may proceed to make an order of remand to the Assistant Collector First Grade concerned.