SACHIN KUMAR Vs. SANTOSH DEVI

JUDGEMENT

(1.) By means of this writ petition under Article 227 of Constitution of India, petitioners have challenged the order dtd. 10/11/2022 (Annexure No.5) passed by the Court of Deputy Director of Consolidation, Haridwar passed in Revision No.51 of 2021-22, 'Sachin Kumar and Ors. Vs. Santosh Devi and Ors.', filed under Sec. 48 of the U.P. Consolidation of Holdings At, 1953 (hereinafter referred to as 'the Act'), by which while dismissing the revision, the order dtd. 27/12/2021 passed by learned Court of 4th Consolidation Officer, Roorkee was affirmed, whereby the delay in filing the restoration application has been condoned and the restoration application is directed to be decided on merits.

(2.) The petitioners have also impugned the entire proceedings on the ground that the same is abuse of the process and prayed to quash the entire proceedings of the Suit No.83 of 2020-21 'Smt. Santos Devi Vs. Somdutt (Deceased)', which is initiated on the restoration application dtd. 17/12/2019, moved by the respondent herein.

(3.) It is the case of the petitioners that a compromise was arrived at between the parties on 1/10/1999 and the rights w.r.t. the property subject matter of the case was matured in favour of the petitioners vide order dtd. 14/12/1999. The property comprising of Khata No. 131 Chak No. 286 was devolved on the petitioners as well as on the respondent vide order dtd. 29/1/2000 pursuant to the settlement arrived at between the parties on 1/10/1999, in which the presence of the parties were recorded by the Consolidation Officer vide order dtd. 14/12/1999.