BASUDEO AND OTHERS Vs. ASSTT. DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard, Shri U.S.Sahai, learned counsel for the petitioners, learned Standing Counsel for opposite parties no.1 to 3 and Shri Ashok Kumar Maurya, learned counsel for the private opposite parties.

(2.) This writ petition under Article 226 of the Constitution of India has been filed challenging the orders dated 23.03.1979, 15.02.1980 and 23.04.1981 passed by the Consolidation Officer, Settlement Officer Consolidation and Assistant Director of Consolidation respectively.

(3.) The facts in brief for adjudication of the instant writ petition are that Khata no.302 was recorded in the Khatauni of basic year in the names of Ram Bharos, Shankar and Gomti. An objection was filed by the petitioners under the Consolidation of Holdings Act 1954 (here-in-after referred as the Act of 1954) that Kali Din was the common ancestor of the petitioners and the respondents and the land in question was acquired in his time and it was recorded in the name of Chonhar, father of Ram Bharos, Shankar and Gomti, being elder and Karta of the family and it was a joint Hindu family property. The objection was allowed exparte in favour of the petitioners. The opposite parties moved an application for recall of the exparte order. The application was allowed and exparte order was set aside and the matter was decided afresh by the Consolidation Officer by means of order dated 23.03.1979 after considering the pleadings and evidence. The petitioners had filed an appeal under Section 11(1) of the Act of 1954. The appeal was dismissed by means of order dated 15.02.1980. Feeling aggrieved, the petitioners had filed revision which has also been dismissed by means of order dated 23.04.1981. Hence the present writ petition was filed challenging all the three orders.