HARI SINGH Vs. GUMAN SINGH

JUDGEMENT

(1.) By means of this writ petition, moved under Article 226 read with Article 227 of the Constitution of India, the petitioner has sought quashing of the order dated 15.09.2003, passed by the Consolidation Officer; order dated 28.12.2004, passed by the Asstt. Settlement Officer of Consolidation; and order dated 19.04.2007, passed by Deputy Director of Consolidation, Haridwar (Camp Roorkee).

(2.) Heard learned counsel for the parties and perused the affidavit and counter affidavit filed on behalf of the parties.

(3.) Brief facts of the case are that the dispute between the parties relates to Khasra No. 35, measuring area 0.041 Hectares, and Khasra No. 36, measuring area 0.041 Hectares, situated in Village Ganeshpur, Tehsil Roorkee, District Haridwar. The petitioner's case is that he purchased 4 Biswa land of plot No. 35, and 4 Biswa land of plot No. 36 from the predecessors-in- title, namely Tikka S/o Daulat and Bhagwati W/o Mohkam, through registered sale deed executed in the year 1978. It is further pleaded by the petitioner that his name was mutated on the revenue records on the basis of said sale deed. When the village came under consolidation operations, it was found that in respect of aforesaid Khasra numbers, equal area to that of petitioner, was also recorded in the name of respondent Guman Singh (since deceased). At the stage of proceedings under Section 8 and 9 of the Consolidation of Holdings Act, 1953, form CH-5 was issued in respect of two separate equal areas, one Khata No. 15 (in the name of Guman Singh), and another Khata No. 118 (in the name of Hari Singh (petitioner). The petitioner filed an objection pointing out the mistake in form CH-5 that double entries has been made in form CH-5 in respect of same land. The Consolidation Officer on said objection, passed an order on 21.05.1999, directing the Chakbandi Karta to submit a report in the matter, in reply to which the Chakbandi Karta submitted his report dated 03.06.1999, and detected that infact there was double entry of the same land. On this, the Consolidation Officer vide order dated 19.08.2000 (copy Annexure 5 to the writ petition) accepted the objection raised by the petitioner, and directed to expunge entries in respect of Khata Nos. 35 and 36 from Khata No. 15, and further directed that the entry of Khata No. 118 be maintained. On coming to know of said order, respondent Guman Singh moved an application on 12.01.2001 (copy Annexure 6 to the writ petition) seeking recall of order dated 19.08.2000, and praying that the order be passed on merits after hearing him, as he was an affected party. The petitioner's case is that the recall application was not maintainable. However, the Consolidation Officer vide order dated 19.06.2001 (copy Annexure 7 to the writ petition) allowed the recall application, and set aside the order dated 19.08.2000. On the very day i.e. 19.06.2001, petitioner filed objection under Section 9(a)(ii) challenging the case of the respondent that respondent was the previous purchaser of the same land. On 13.03.2002, the case was adjudicated upon ex-parte by the Consolidation Officer, against the petitioner, rejecting his objection. The petitioner sought recall of said order and vide order dated 15.09.2003, the matter was decided afresh by the Consolidation Officer, rejecting the case of the petitioner and directing that entry of Khata Nos. 35 and 36 of an area 0.041 Hectares shall be recorded in Khata No. 15 in favour of the respondent, expunging the same from Khata No. 118 of the petitioner. This led the petitioner file Appeal No. 1261 / 632 / 353 of 2004-05 before the Asstt. Settlement Officer of Consolidation. The said authority vide impugned order dated 28.12.2004, dismissed the appeal, and affirmed the order dated 15.09.2003, passed by the Consolidation Officer. Finally, the petitioner preferred revision No. 549 of 2004-05 under Section 48 of the Consolidation of Holdings Act, 1953, which was also dismissed by the Deputy Director of Consolidation vide impugned order dated 19.04.2007. Hence, the petition before this Court.