( 1 ) MR. JAPEE, learned Counsel for the petitioner, states that respondents No. 3 and 4 are served. With the consent of the parties the matter is finally decided today.

( 2 ) THE short facts of the case are that it is the case of the petitioner that the petitioner is having residential land at Village Lolasan and he had applied for grant of additional land. The case of the petitioner is that the Gram Panchayat had recommended for allotment of the land. However, subsequently the area was allotted to the petitioner admeasuring 35-31-90 sq. mtrs. on condition that the recovery shall be made of the adjacent land.

( 3 ) THE respondent No. 5 preferred appeal before the District Collector and as per the decision dated 30-7-1998, the appeal was dismissed but the District Collector while confirming the order also directed the petitioner to remove the construction made by him on the Western side exceeding 19 ft. , not allotted to the petitioner. The petitioner preferred revision before the State Government against the order of the District Collector and in he said revision initially stay order was granted. Thereafter, as per the petitioner the respondent No. 5 herein submit