IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
********
COUNTER AFFIDAVIT
On behalf of Respondent No. 2
IN
SECOND APPEAL NO. 34 OF 2014
(Under Section 100 of Civil Procedure Code)
DISTRICT: MUZAFFAR NAGAR
Devender Pawar s/o Ram Bhajan Singh, R/o village
Nala, Pargana Kandhala, Tehsil-Budhana,
District-Muzaffar Nagar.
……………………….Plaintiff/Appellant
Versus
1. State of U.P. through Collector, Muzaffar
Nagar.
2. Gaon Panchayat, Nala, Pargana Kandhala,
Tehsil-Budhana, District-Muzaffar Nagar
through its Pradhan.
3. Om Singh son of Tilak Ram, o village Nala,
Pargana Kandhala, Tehsil-Budhana, District-
Muzaffar Nagar.
……………………Defendants/Respondents
Affidavit of Rashmi
Tripathi, aged about 53
years, wife of H.K.N.
Tripathi, resident of
Sector-2, house No. 100,
Viram Khand, Gomti Nagar,
Lucknow, Occupation-
Service, Religion-Hindu.
(Deponent)
I, the deponent above named do hereby
solemnly affirm and states on oath as under:-
1. That the deponent is Executive Officer of
Nagar Palika Parishad, Anupshahar, District
Bulandshahar in the above noted case and as
such she is well acquainted with the facts
of the case deposed to below.
2. That prior to giving parawise reply it is
necessary in the interest of justice to
disclose some material facts before this
Hon’ble Court.
3. That a writ petition was filed on behalf of
the applicants for seeking relief as under:-
(a) Issue a writ, order or direction in the
nature of mandamus restraining the
respondents from demolishing the shop of
4. That the contents of paragraphs No. 1, 2 and
3 of the affidavit need no reply.
5. That the contents of paragraph No. 4 of the
affidavit are denied and further stated that
the land bearing Khasara No. 49, area 0.2649
hectare, Mauja Nala is land of Gaon Sabha
and over the same land there is no any
rights of the appellant over the land of
Gaon Sabha. It is further necessary to
disclose here that the land bearing Gata No.
564/4 area 0.2048 hectare was allotted to
one Smt. Rajbala wife of Late Charan Singh
who was serving in the Indian Army and loss
her life during war of India and Pakistan in
the year, 1971 and on the basis of that
above noted land was allotted to her.
6. That the contents of paragraphs No. 5 and 6
of the affidavit need no reply.
7. That the contents of paragraph No. 7 of the
affidavit need no reply being matter of
record.
8. That the contents of paragraphs No. 8 of the
affidavit need no reply.
9. That the contents of paragraph No. 9 of the
affidavit need no reply being matter of
record.
10. That the contents of paragraphs No. 10 and
11 of the affidavit are denied and further
stated that Nayan Pawar got the value of
Gata No. 564/4 as 80/- paisa in place of
20/- paisa by way of fraud and tried to
acquire the land of Gaon Sabha of Khasara
No. 49.
11. That the contents of paragraphs No. 12, 13
and 14 of the affidavit need no reply being
matter of record.
12. That the contents of paragraph No. 15 of the
affidavit need no reply.
13. That the contents of paragraphs No. 16, 17
and 18 of the affidavit need no reply.
14. That the contents of paragraph No. 19 of the
affidavit are denied and further stated that
in fact the land in dispute belongs to Gaon
Sabha and appellant has no rights to acquire
the above noted land.
15. That the contents of paragraphs No. 20 and
21 of the affidavit need no reply being
matter of record.
16. That the contents of paragraph No. 22 of the
affidavit need no reply.
17. That the contents of paragraph No. 23 of the
affidavit need no reply being matter of
record.
18. That the contents of paragraphs No. 24, 25
and 26 of the affidavit need no reply being
matter of record.
19. That the contents of paragraph No. 27 of the
affidavit need no reply.
20. That the contents of paragraphs No. 28, 29,
30 and 31 of the affidavit need no reply
being matter of record.
21. That the contents of paragraph No. 32 of the
affidavit are denied and further stated that
the learned trial court after considering
the and after providing full opportunity of
hearing to the appellant passed the order
dated 04.10.2013.
22. That the contents of paragraph No. 33 of the
affidavit are denied and further stated that
after considering the facts and
circumstances of the case order was passed
and thereafter for the purpose to keeping
the matter linger on the appellant moved one
and another application.
23. That the contents of paragraphs No. 34 and
35 of the affidavit need no reply being
matter of record.
24. That the contents of paragraphs No. 36 and
37 of the affidavit are denied and further
stated that in fact the decision has already
been taken against the appellant and
reasoned order has been passed after
providing opportunity of hearing and after
considering the facts and circumstances of
the case hence the above noted appeal is
liable to be dismissed by this Hon’ble
Court.
It is therefore, expedient and necessary
in the interest of justice that this Hon’ble
Court may kindly be pleased to dismiss the
above noted appeal with cost, so that
justice be done.
I, the deponent above named do hereby
verify that the contents of the paragraph
no. of this
counter affidavit are true to my personal
knowledge; those of contents of the
paragraph nos. of this
counter affidavit are true to based on
perusal of records; those of the contents of
the paragraph nos. of the
counter affidavit are true legal advise;
which all I believe to be true that no part
of it is false and nothing material has been
concealed herein.
So help me God.
Deponent
I, Rajesh Yadav, Advocate, High Court,
Allahabad, do hereby declare that the person
making this affidavit and alleging himself
to be deponent is the same person and he is
known to me from perusal of the records
which has been produced before me in this
case.
Advocate
Solemnly affirmed before me on this
…..th day of November, 2014 at about
………A.M. /P.M. by the deponent who has been
identified by the aforesaid person.
I have satisfied myself by examining
the deponent that he understands the
contents of this affidavit which has been
read over and explained to the deponent by
him.
OATH COMMISSIONER
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
********
I N D E X
IN
COUNTER AFFIDAVIT
On behalf of Respondent No. 2
IN
SECOND APPEAL NO. 34 OF 2014
(Under Section 100 of Civil Procedure Code)
DISTRICT: MUZAFFAR NAGAR
Devender Pawar ……………………….Plaintiff/Appellant
Versus
State of U.P. & others
……………………Defendants/Respondents
Sl. Particular Date Ann. Page
No.
No.
1 Counter Affidavit
with identity proof.
Dated: .11.2014 (RAJESH YADAV)
Advocate
Counsel for the Respondent
No. 2 (Gaon Panchayat),
Seat No. 5, North Verandah
of Bar Library, High Court,
Allahabad. Mobile No.
09415239470.
