RAM CHANDRA Vs. DY DIRECTOR OF CONSOLIDATION GHAZIABAD

JUDGEMENT

(1.) Heard learned counsel for the petitioner. None appeared on behalf of the respondents. However, learned standing counsel is present.

(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 22.6.1988 passed by the Deputy Director of Consolidation and order dated 13.10.1987 passed by the Settlement Officer. Consolidation.

(3.) The relevant facts of the case giving rise to the present petition, in brief, are that the petitioner purchased the land in dispute through registered sale deed dated 11.6.1981 and thereafter applied for mutation of his name in the revenue papers. The application filed by the petitioner was allowed by the Consolidation Officer by judgment and order dated 16.10.1985. The validity of the said order was challenged by the contesting respondent before the Settlement Officer. Consolidation. The Settlement Officer, Consolidation reversed the findings recorded by the Consolidation Officer and allowed the appeal by its Judgment and order dated 13.10.1987. It was held that the village where the land in dispute was situated was notified under Section 4 of the U. P. Consolidation of Holdings Act, therefore, no sale deed could be executed without obtaining permission from the Settlement Officer, Consolidation. In the present case, according to the findings recorded by the Settlement Officer. Consolidation, the notification under sub-section (1) of Section 4 of the Act was issued before the sale deed dated 11.6.1981 was executed, therefore, the sale deed was invalid. Challenging the validity of the order passed by the Settlement Officer, Consolidation, the petitioner filed a revision before the Deputy Director of Consolidation. The Deputy Director of Consolidation has also affirmed the findings recorded by the Settlement Officer, Consolidation and dismissed the revision by its Judgment and order dated 22.6.1988. Hence, the present petition.