SUDARSHAN Vs. CHIEF REVENUE OFFICER

JUDGEMENT

(1.) Heard Sri Pramod Kumar Pandey, learned counsel for the petitioners, Sri Raj Deo Singh,learned counsel for the respondent nos.4 to 6/Caveator and learned Standing Counsel representing the respondent nos.1 to 3 on admission and perused the record.

(2.) Petitioners have filed present writ petition, invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, challenging the order dtd. 5/8/2021 (Annexure-13) passed by the Chief Revenue Officer/Deputy Direction of Consolidation, Ghazipur (respondent no.1) and order dtd. 23/12/2020 (Annexure-11) passed by the Settlement Officer of Consolidation, Ghazipur (respondent no.2)

(3.) Present writ petition is arising out of a proceeding under Sec. 9- A(2) of the U.P. Consolidation of Holdings Act, 1953 (in brevity 'U.P.C.H. Act') wherein order dtd. 29/10/1994 (Annexure-1) has been passed by the Assistant Consolidation Officer (in brevity 'A.C.O.') on the basis of compromise allegedly entered into between the parties namely Munni Lal (predecessor in interest of the petitioners) and Ram Darash (predecessor in interest of the respondent nos.4 to 6). A highly belated appeal dtd. 14/10/2011 (Annexure-8) has been filed by Ram Darash against the order dtd. 29/10/1994, which was allowed by respondent no.2 vide order dtd. 23/12/2020 remitting the matter before the A.C.O. to decide right and title of the parties afresh. Feeling aggrieved, present petitioners have preferred a revision which was dismissed by the respondent no.1 vide order dtd. 5/8/2021, affirming the order passed by the respondent no.2, which is under challenge in this petition.