JAIRAM Vs. DEPUTY DIRECTOR OF CONSOLIDATION GORAKHPUR

JUDGEMENT

(1.) Heard Sri M.D. Misra, learned counsel for the petitioner. Sri A.P. Tewari for respondent No. 2 and the learned standing counsel for respondent No. 1. Learned counsel for respondents submit that since the issues involved are purely legal, therefore, they do not propose to file any counter-affidavit at this stage and the matter be disposed of finally, on the basis of the documents already on record with the consent of the parties. Accordingly, the matter is being disposed of finally at this stage.

(2.) A supplementary-affidavit has been filed bringing on record certain averments including the pedigree by which the parties are governed. Kamta, son of Govind, was the recorded tenure holder. The petitioner-Jairam is the grand son of Ram Patti, sister of Govind. The claim of Jairam is to the effect that the said property came to be settled between the petitioner and late Kamta during consolidation operations under an order of the Assistant Consolidation Officer dated 20.11.1969. The village was de-notified under Section 52 sometimes in the year 1976, after the death of Kamta in 1975. The name of the petitioner continued to be recorded thereafter and the petitioner claims continuous cultivatory possession over the land in dispute since then.

(3.) After 36 years, a time-barred appeal came to be filed by the respondent-Radhey Shyam and another appeal came to be filed by one of the sons of Kamta, Jawahar. These two appeals were dismissed by the Settlement Officer, Consolidation vide order dated 25.11.2005. One of the appellants Jawahar did not prefer any revision against the said order. It is only the respondent No. 2-Radhey Shyam, who preferred a revision, which has been allowed on 15.11.2011 giving rise to the present petition.