LAWS(ALL)-2010-7-191

MUKHDEV Vs. COLLECTOR/D.D.C.

Decided On July 23, 2010
Mukhdev Appellant
V/S
Collector/D.D.C. Respondents

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner Mukhdev with the prayer to issue writ, order or direction in the nature of certiorari to quash the impugned judgement and order dated 28.02.1978 passed by the C.O. (Consolidation Officer), opposite party no. 3 (Annexure - 4); order dated 02.01.1989 passed by the S.O.C. (Settlement Officer Consolidation), Opposite Party No. 2 (Annexure -5) and the judgement and order dated 22.09.1995 passed by the D.D.C.(Deputy Director of Consolidation), Opposite Party no. 1 (Annexure No. 9 ) to the writ petition.

(2.) IT has further been prayed for direction against respondents not to interfere in the peaceful possession and use by the petitioner of land of Plot No. 2755 area 3 Acres, situated in Village Suzauli, Pargana Dharampur, Tehsil Nanpara, district Baharaich.

(3.) AS per petition's case, Assistant Record Officer was authorised to grant Patta i.e. Lease of land on behalf of L.M.C. (Land Management Committee) of the village and he did so on 31.12.1970 and Leased out the land of plot no. 2755, area 3 Acres in favour of the petitioner. Copy of the Lease-deed is Annexure -1 on record. Name of the petitioner was mutated in the revenue record on 20.06.1972 and he became Sirdar of the land clear from the Annexure -2 of the writ petition, but when the the Consolidation operation started in the area, Consolidation Officer has wrongly struck off his name entered on the land in dispute from the revenue record.