ALPHA INDUSTRIES Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) INSTANT writ petition has been filed by the petitioner challenging the order dated 12.09.1991. passed by Consolidation Officer, Kicheha, order dated 21.05.1992 passed by Settlement Officer (Consolidation), Kichcha and order dated 27.01.1993 passed by Deputy Director of Consolidation/ Addl. District Magistrate (Nazul), Rudrapur.

(2.) BRIEF facts as asserted in the petition, shorn of unnecessary details, are that petitioner purchased the land Gata No. 182/4 measuring about 0.1181 acres situate within village Siraulikalan, Tehsil Kichcha, District Udham Singh Nagar from Jain -ud -din/ respondent no -4 (now deceased) through a registered sale deed dated 10.02.1983 for establishing an industry and since then the petitioner is in continuous possession over the land in dispute. On the said land two rooms and boundary wall were constructed. It is further asserted in the petition that as the plots purchased by the petitioner were situated in industrial area, therefore, no valuation was determined, and accordingly, the consolidation authorities declared said land beyond the purview of consolidation proceedings. On 20.09.1986, the said village carne into consolidation proceedings and no exchange rate was fixed on the land purchased by the petitioner. The land in Khata no. 182/1, 182/2 and 182/4 has been held out of consolidation, whereas land of Khata No. 182/3, being the road ofNH74, was held out for consolidation. It has been further asserted in the petition that the Consolidation Officer in cobriivance with respondent nos. 4 & .5 passed an order on 12.09.1991 by determining the valuation of said property in 'favour of respondent nOA, as his name was found entered in the revenue record, without giving any opportunity of hearing to the petitioner or impleading him as a party. Against the order of Consolidation Officer, the petitioner filed an appeal before the Settlement Officer (Consolidation), who vide order dated 21.05.1992 dismissed the appeal as not maintainable holding that .the petitioner was not a party before the consolidation authorities, therefore, he cannot file an appeal. Feeling aggrieved with the order of Settlement Officer, the petitioner filed revision before the District Magistrate, which was lateron transferred to the Deputy Director of Consolidation/ Addl. District Magistrate (Nazul) , Rudrapur, who vide order dated 2.7.01.1993 rejected the same.

(3.) I have heard Mr. Sarvesh Agarwal and Mr. Lalit Belwal, Advocates for the petitioner, Mr. N.P. Sah, Standing Counsel for the State/respondent nos. 1 to 3, Mr. Sharad Sharma, Senior Advocate with Mrs. Krishi Shukla, Advocate for respondent no.6 and perused the record.