INDRA PAL SINGH Vs. D D C FATEHPUR

JUDGEMENT

(1.) Heard Sri Yogesh Agarwal, learned Counsel for the Petitioners.

(2.) The contention raised is that in spite of the direction of this Court, the Settlement Officer Consolidation has not applied his mind on the issue relating to the maintainability of the appeal through a Stranger. Sri Agarwal vehemently submits that the procedure having not been followed and the order of this Court not having been complied with, the proceedings before the Settlement Officer Consolidation are incompetent. Accordingly, it has been submitted that the impugned order be set aside and the proceedings before the Settlement Officer Consolidation should not be allowed to continue.

(3.) Sri D.D. Chauhan, learned Counsel for Gaon Sabha, points out from the memo of appeal which is Annexure-7, that the land in dispute had been wrongly recorded in the Khata of the father of Mohan Lal. The Petitioners claim to be the vendees of Mohan Lal. It is submitted that since the land was that of Gaon Sabha and not of the father of Mohan Lal, therefore, this matter requires investigation and hence the appeal was very much competent.