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Judgment
Amreshwar Pratap Sahi, J.—This petition questions the correctness of the order dated 1st May, 2009, which has been endorsed by way of an amendment, whereby the auction in favour of the Petitioner in relation to pond No. 1115 situate in village Chauk Bazar, Tehsil Sadar, District Maharajganj has been cancelled. The subsequent order dated 24.06.2009 whereby settlement has been made in favour of the Respondent No. 5 has also been assailed. The matter had been adjourned on earlier occasion as the amendment was required to be carried out.
Learned Counsel for the Respondents were granted two weeks time to file a counter affidavit.
Sri Pradeep Kumar, Learned Counsel for the Respondent has been put to notice in writing but no counter affidavit has been filed on behalf of the said Respondent.
A counter affidavit was filed by the State stating therein that the challenge raised to the cancellation proceedings has attained finality on account of the order passed in Writ Petition No. 21210 of 2009., a copy whereof is annexure 3 to the writ petition.
Learned Counsel for the Petitioner submits that the said order does not relate to the pond of the Petitioner. It relates only to pond No. 892.
Learned Standing Counsel submits that the special appeal filed against the said judgment is also dismissed and in such circumstances, the claim of the Petitioner cannot be now looked into.
After the said stand was taken in the counter affidavit, a rejoinder affidavit has been filed by the Petitioner bringing on record the order of the learned Single Judge dated 21st January, 2010 clarifying that the controversy, which has been contested by him as upheld in special appeal, was in relation to pond No. 892.
The contention raised by the Petitioner is that no valid reason has been given for cancelling the auction of the pond No. 1115 in favour of the Petitioner.
Learned Standing Counsel is directed to file a specific affidavit in relation to the aforesaid aspect of the matter within three weeks. Learned Standing Counsel shall also bring on record the order dated 1st of May, 2009 whereby the cancellation is said to have been carried out.
A copy of the order may be provided to the learned Standing Counsel free of charges within three days.
Learned Counsel for the Respondent No. 5, if he so chooses, may file a counter affidavit by the next date fixed.