BRAHM PAL Vs. DEPUTY DIRECTOR CONSOLIDATION

JUDGEMENT

(1.) PRESENT petition is filed assailing the order dated 16.05.2002 passed by respondent no. 2 and order dated 17.12.2003 passed by respondent no. 3 whereby respondent no. 2 was pleased to recall its earlier order dated 05.01.2002 and was further pleased to restore the case at its original number for de novo hearing and revision arising therefrom was dismissed by Deputy Director, Consolidation i.e. respondent no. 4 vide impugned order dated 17.12.2003.

(2.) BRIEF facts of the present case, inter alia, are that after issuance of Notification under Section 4 of the U.P. Consolidation of Holdings Act, 1953, on the spot inspection, land bearing Gata No. 101 (new Gata No. 168) measuring 0.086 hectares was found to be situated in Abadi and was mentioned as Abadi in the consolidation record; prior to consolidation operation, land of Gata No. 101 (new Gata No. 168) was recorded as barren land; petitioners along with 8 other persons had moved one application under Section 9A of the U.P. Consolidation of Holdings Act, 1953 before Consolidation Officer, Roorkee stating therein that land of Gata No. 101 (new Gata No. 168) measuring 0.086 hectares was appurtenant to their Abadi, therefore, stood vested in them under Section 9 of the U.P. Z.A. and L.R. Act; having received the application under Section 9A of the Act, Assistant Consolidation Officer conducted the spot inspection on 12.04.1996 once again, he found land of Gata No. 101 (new Gata No. 168) situated in Abadi and thereafter, Assistant Consolidation Officer submitted his report dated 01.10.2001 to the effect that land of Gata No. 84 has already reserved for Panchayat Bhawan, therefore, land of Gata No. 101 (new Gata No. 168) ought not to have been reserved for Panchayat Bhawan; on the basis of report submitted by Assistant Consolidation Officer and after hearing all the parties, Consolidation Officer vide order dated 05.01.2002 was pleased to allow application / objection filed by petitioners and others directing that reservation of Gata No. 101 (new Gata No. 168) for Panchayat Bhawan be cancelled / deleted and Abadi thereon may be recorded, in view of the inspection reports submitted time to time; thereafter, respondents, herein, preferred restoration application before the Consolidation Officer saying order dated 05.01.2002 was passed without hearing the Gram Sabha and they are representatives of Gram Sabha, therefore, after recalling the order dated 05.01.2002, case should be heard afresh, whereupon, learned Consolidation Officer was pleased to pass impugned order recalling the order dated 05.01.2002 and restoring the case, at its original number; feeling aggrieved, petitioners, herein, had preferred revision before Deputy Director Consolidation, which came to be dismissed by impugned order dated 17.12.2003. Feeling aggrieved, petitioners have preferred present writ petition.

(3.) MR . Sharad Sharma, learned Senior Advocate appearing for the petitioner, Mr. Anil Kumar Joshi, Addl. Chief Standing Counsel for State of Uttarakhand and Mr. Lok Pal Singh, learned counsel appearing for the private respondents, do not dispute that if land is found to be Abadi during the consolidation proceedings, it shall be recorded as Abadi in CH Form No. 18 and thereafter, Consolidation Authorities have absolutely no jurisdiction to decide the entitlement of either of the parties thereon.