LAWS(ALL)-2021-10-35

LALTA PRASAD Vs. HAUNSLA PRASAD

Decided On October 01, 2021
LALTA PRASAD Appellant
V/S
Haunsla Prasad Respondents

JUDGEMENT

(1.) The instant writ petition calls in question the judgment and order passed by the Consolidation Officer in Case No. 165 under Sec. 9-A(2) of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as 'U.P.C.H. Act, 1953') dated 30/4/1970 whereby the claim of the petitioners relating to co-tenancy rights in respect of base year Khata No. 123 and 141 was rejected. The petitioner preferred an appeal before the Settlement Officer of Consolidation which also was rejected by means of judgment and order dated 7/9/1974. The effort of the petitioner to challenge the aforesaid two judgments as mentioned above before the Deputy Director of Consolidation by filing a Revision under Sec. 48 of the U.P.C.H. Act of 1953 ended in an unsuccessful endevour.

(2.) Being faced with three such judgments, the petitioner have invoked the jurisdiction of this Court under Art. 226 of the Constitution of India wherein by means of order dated 7/11/1978, the petition was admitted and the operation of the impugned orders was stayed.

(3.) During the pendency of the petition, the original petitioner Lalta Prasad expired so also the private respondent nos. 1, 5, 6, 8, 10, 11 and 12 expired and they were substituted by their legal heirs, however, for the sake of convenience, the Court has referred to the original parties, as they were impleaded at the time of institution of the writ petition.