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2015 Supreme(All) 715

PANKAJ MITHAL
DURGA DEVI RURAL AND EDUCATIONAL DEVELOPMENT SOCIETY, KAUSHAMBI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Dhruva Agarwal and Nikhil Agarwal for the Petitioner; C.S.C., D.D. Chauhan and Diwakar Singh for the Respondents.

JUDGMENT

Hon’ble Pankaj Mithal, J.—Heard Sri Dhruva Agarwal, Senior Counsel assisted by Sri Nikhil Agarwal, learned counsel for the petitioner and learned Standing Counsel appearing for respondent Nos. 1 to 4.

2. The counter-affidavit filed on behalf of the State has been perused.

3. No counter-affidavit has been filed by the Gaon Sabha, respondent Nos. 5 despite sufficient time granted earlier for the purpose.

4. The Court vide order dated 7.4.2015 had directed the Gaon Sabha six weeks’ further time and no more but even then no counter-affidavit was filed on behalf of respondent No. 5.

5. In view of the above, the petition is being decided on the basis of the pleadings on record i.e. the counter-affidavit filed on behalf of respondent Nos. 1 to 4.

6. It is alleged that sometime in 1936 Smt. Durga Devi, the successor of erstwhile Zamindar Radhika Prasad Jauhari gifted 100 bighas of land situate in village Osa, Pargana Karari, Tehsil Manjhanpur, district Kaushambi in favour of one Shyam Das Agrawal by a registered gift deed. The said Shyam Das Agrawal some time in 1951 donated the said land to the petitioner. Some small portions of the said land were scattered. During the consolidati

























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