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2021 Supreme(All) 1636

DINESH PATHAK
Gram Panchayat Kabirpur – Appellant
Versus
Additional Commissioner (Administration) Varanasi Division – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Manoj Kumar Yadav and Bhupendra Kumar Tripathi
For the Respondent: C.S.C., Abhishek Singh, Sanjeev Singh and Dinesh Kumar Singh

JUDGMENT :

Dinesh Pathak, J.

Rejoinder-affidavit and supplementary-affidavit filed on behalf of the petitioner is taken on record.

2. Heard Sri Bhupendra Kumar Tripathi, learned counsel for the petitioner (Gaon Sabha), Sri Sanjeev Singh, learned Senior Advocate assisted by Sri Dinesh Kumar Singh, learned counsel for the contesting respondent No. 7, learned Standing Counsel representing respondent Nos. 1 and 2 and perused the record.

3. Learned counsel for the contesting Respondent No. 7 has refused to file any reply to the aforesaid supplementary-affidavit and is agreed to argue the matter on merits.

4. As per the office report dated 26.11.2021, notices were sent to the respondent Nos. 3 to 6, however, neither the acknowledgement due nor undelivered envelope is received back till date. No one has put in appearance on their behalf.

5. Learned Senior Counsel states that respondent No. 7 is the vendee from respondent Nos. 3 to 6, who have lost their interest in the matter and even before the revisional Court they did not appear and the matter was contested only by the respondent No. 7.

6. In view of the office report dated 26.11.2021 and the statement made by counsel for the respondent No. 7

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