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2015 Supreme(P&H) 720

AMIT RAWAL
Jagdish Singh Rana – Appellant
Versus
Financial Commissioner-cum-Principal Secretary – Respondent


Advocates:
For the Appellant :L.R. Sharma, Advocate
For the Respondents:Hitesh Pandit, Additional Advocate General

Amit Rawal, J.:-

1. The challenge in the present writ petition is to the order dated 10.7.2013 alleged to have been received by the petitioner on 22.8.2013 Annexure P-18 and also disagreement note dated 8.6.2012 (Annexure P-15) whereby a punishment of stoppage of one increment with cumulative effect has been imposed upon the petitioner.

2. In brief the facts are that in pursuance to a suit filed by the plaintiff claiming declaration with consequential relief for permanent injunction had been partly decreed vide judgment and decree dated 7.12.2005. The operative part of the judgment is extracted hereinbelow:--

"in view of my findings on issued No. 1 to 3, clause (a) of the prayer seeking declaration regarding notice dated 4.11.97 being illegal is declined clause (b) of the prayer seeking declaration to the effect that the plaintiffs are owners in possession of the entire land is partly declined as the plaintiffs are owner in possession of area filing under schedule No. 18 but they cannot be held to be owner in possession of yellow portion; Clause (c)deserves to be allowed as it is the admitted case of the defendants that they are willing to allot the unauthorized area to the plaintiff




























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