SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(All) 866

DINESH PATHAK
Vijay Pal – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rahul Mishra, Ashish Kumar, Ramesh Pundir, Rekha Pundir
For the Respondent: C.S.C., Kapil Kumar, Kuldeep Singh Chahar, Ramesh Pundir, Rekha Pundir

JUDGMENT :

Dinesh Pathak, J.

1. Heard learned counsel for the petitioner, learned Standing Counsel representing respondent nos. 1 to 3 as well as learned counsel for the private respondent no. 4.

2. By way of filing the instant writ petition under Article 226 of the Constitution of India, the petitioner has challenged the orders passed by the consolidation authorities in two separate proceedings i.e. under Section 9-B of the U.P. Consolidation of Holdings Act (in brevity "U.P.C.H. Act") and under Section 42-A of U.P.C.H. Act.

3. Grievance of the petitioner is that consolidation authorities have incorrectly fixed two different exchange value of plot no. 158. For some of the portion it has been fixed 90 paise and for remaining portion it has been fixed 70 paise. In this backdrop of the fact, the petitioner has initially invoked proceeding under Section 9-B of U.P.C.H. Act and after becoming unsuccessful in the said proceeding, he has resorted to another proceeding under Section 42-A of U.P.C.H. Act. As such, the petitioner has demanded to deduct the exchange value of plot no. 158 from 90 paise to 70 paise.

4. Facts culled out from the averment made in the writ petition are that plot no. 1

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top