UMA SHANKAR Vs. D.D.C.

JUDGEMENT

(1.) This is an application for recall of order 14.05.2019 alongwith an application for condonation of delay.

(2.) Heard. Cause shown for the delay in filing application for recall of order as also for recall of order is sufficient. The applications are allowed. Delay is condoned. Order dated 14.05.2019 is recalled. Writ petition is restored to its original number.

(3.) The dispute herein pertains to Khata Nos.44 and 105 situated in Village Semra Khurd (Hasnapur), Post Office Naseerpur, Pargana and Tehsil Biswa, District Sitapur. The petitioner claims to have been adopted by Jugal Kishore, the erstwhile sole tenure holder of Khata No.44 who also had a share in Khata No.105. This claim of the petitioner is based on an alleged adoption-deed which was registered on 12.12.1959. After onset of consolidation operations objections were filed by Smt. Ballo, Jai Kumar and the Gaon Sabha, as also by the petitioner. The petitioner's objection was in respect of Khata No.105 wherein he claimed that Jugal Kishore had sole tenancy rights and consequent to the adoption-deed it is he who was entitled to such rights. The other persons filed objections in respect of Khata No. 44 claiming that Jugal Kishore never adopted the petitioner and the petitioner had no right as Jugal Kishore had died issueless. The Consolidation Officer vide his judgment dated 30.1.1974 ruled in favour of the petitioner based on the registered adoption-deed dated 12.12.1959 and other documents. The matter went up in appeal, revision and thereafter before this Court in Writ Proceedings and was ultimately remanded back to the Settlement Officer, Consolidation (S.O.C.) for reconsideration afresh.