High Courts(2009) 03 AHC CK 0085

Masali Devi vs Deputy Director of Consolidation, Ballia and others

Allahabad High Court · Decided on 17 March 2009

HON’BLE JUDGES
Vikram Nath, J
RESULT
Allowed
CASE NUMBER
Civil Miscellaneous Writ Petition No. 5299 of 1983

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Judgment

4 paragraphs · 178 words

Vikram Nath, J.—This is an application by the respondent No. 4, sole private respondent praying that the Writ Petition may be allowed, the impugned orders may be set aside whereby 1/3rd share was given to respondent No. 4. This application is also supported by the affidavit of respondent No. 4. In the affidavit it has been stated that as the respondent No. 4 does not belong to the same family as the petitioner and the disputed land is not the ancestral property therefore, he had no right in the same. It further mentions that the dispute has been settled between the parties outside the Court.

2.

Accordingly, this application is allowed.

3.

Further, the Writ Petition also succeeds and is allowed on the concession given by the respondent No. 4. The impugned orders passed by the respondent Nos. 1, 2 and 3 are accordingly quashed.

4.

In view of the order passed on the Application No. 227292 of 2007 this Writ Petition is allowed. The impugned orders passed by the respondent Nos. 1, 2 and 3 are quashed.