JOYTI PRASAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The brief facts of the case are that the proceedings under Section 21 (1), of the U.P. Consolidation of Holdings Act, 1953 (from hereinafter referred to as the "Act"), which was registered by way of Case No.357, was decided by the court of the Consolidation Officer, vide its judgment and order dated 06.05.1994.

(2.) In the present writ petition, the grievance which has been raised by the petitioner is to the effect that; on a challenge being given to the said order of 06.05.1994, the same has been confirmed with the dismissal of the appeal under Section 21 (2) of the Act, vide its judgment and order dated 20.02.2009, and later on the said appellate court's judgment too, was confirmed by the Revisional Court in Revision No.62/2012-13, "Joyti Prasad Vs. Kishan Singh and others". Apart from the fact that, if the, "Talika" appended to the order of the Consolidation Officer, so far it relates to the petitioner, who is "Khatedar No.88" is taken into consideration, the allotment of "Chaks" made therein falls to be within the ambit of the provisions contained under Section 19 of the Act.

(3.) Apart from it, if the Appellate Court's judgment itself is taken into consideration, and particularly, that the findings which has been recorded on internal page no.2 of the judgment dated 20.02.2009, the following findings have been recorded, which reads as under:-