PRIYAMBADA Vs. DEPUTY DIRECTOR OF CONSOLIDATION CHANDAULI

JUDGEMENT

(1.) Challenging the order dated 24.12.2008 passed by the Deputy Director of Consolidation whereby the Deputy Director of Consolidation set aside the orders passed by the authorities below to it and condoned the delay of about 29 years in filing the application to recall the order dated 15.3.1975 passed on the compromise application accepting the compromise, the present writ petition has been filed.

(2.) There were two brothers Sukhnandan Pathak and Kashi Nath Pathak. Smt. Sushila Devi, Respondent No. 2 herein, is the daughter of Kashi Nath Pathak. Admittedly, Sukhnandan Pathak and Kashi Nath Pathak were living separately as their relations were not cordial since a very long time. The dispute relates to Khata No. 125. Admittedly, the said Khata No. 125 belonged to Sukhnandan Pathak. Sukhnandan was married with Vindhyachali. The Petitioner is the daughter of the sister of Vindhyachali. The case of the Petitioner is as Sukhnandan had no issue, the Petitioner was brought up by Sukhnandan and she was living with him. During the consolidation operation in the Village, the Petitioner filed an objection under Section 9-A(2) of the Act, which was registered as case No. 12050. Sukhnandan appeared in response to the objection filed by the Petitioner and he accepted the owner ship of the Petitioner. The Consolidation Officer by his order dated 15.3.1975 sustained the objection of the Petitioner and ordered that the aforesaid Khata be recorded in the name of the Petitioner. After completion of consolidation proceedings, chaks were carved out and the village was de notified by issuing notification under Section 52 of the Act on 11.7.1981.

(3.) [Kashi Nath Pathak], Correction as per Correction Application dated 30.8.2011, brother of Sukhnandan was alive and he had full knowledge of everything i.e. consented order dated 15.3.1975 regarding the recording of the Petitioner's name in the revenue record but he never objected during or after the close of consolidation proceedings. Sukhnandan Pathak expired in the year 1996 and his brother Kashi Nath Pathak expired in the year 2003.