RAMRAJ Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) In both these petitions common questions of law and fact are involved and parties are also the same. They were, therefore, heard together and are being disposed of by this common judgment. Writ petition no. 8683 of 1982 shall be the leading case.

(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 8.7.1992 passed by the respondent no. 1 allowing the revision filed by the respondent no. 3, under section 48 of the U.P. Consolidation of Holdings Act, for short'the Act'.

(3.) The relevant facts of the case giving rise to the present petition, in brief, are that in the basic year khata no. 137 of village Shivasara, district Basti was recorded in the name of the petitioner. Respondent no. 3 filed an objection claiming co-tenancy rights in the said khata. Objection filed by the respondent no. 3 was contested and opposed by the petitioner who pleaded that respondent no. 3 had no share in the said khata. Parties in support of their case produced evidence. The Consolidation Officer after hearing the parties and perusing the material on record, dismissed the objection filed by the respondent no. 3 on 31.7.1976. The order passed by the Consolidation Officer became final as the validity of the same was not challenged by the respondent no. 3 by filing appeal or revision. In lieu of khata no. 137, the petitioner was allotted chak no. 112.