RAM NARAIN Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Through this writ petition, the petitioners have prayed for issuing writ of certiorari quashing the orders dated 21.3.1975 and 27.7.1976 passed by the Deputy Director of Consolidation (in short, "DDC") in revision No. 854/199 and revision No. 855/ 200, in between Rehman v. Sanjira. vide order dated 21.3.1975, the DDC has set aside the order dated 3.1.1974 and decided the case in terms of the compromise, whereas vide order dated 27.7.1976, the restoration application, filed by the petitioners, who claim themselves to be the purchasers of the land in dispute from Sanjira, who was the respondent in the aforesaid revisions. Heard Sri. S.L. Yadav, learned counsel for the petitioners and learned Standing Counsel.

(2.) After remand, it appears, Sanjira and Rehman have entered into compromise, but the Consolidation Officer did not accept the compromise and the case was decided on merit. The Consolidation Officer, vide order dated 12.2.1973, directed to record the name of Sanjira over the chaks in dispute, copy of this order has been brought on record as annexure 1 to the writ petition. The Consolidation Officer has also recorded that the compromise was not in accordance with the rules, therefore, he declined to accept the compromise and passed the order on the basis of material produced before him on merit.

(3.) Thereafter, two appeals were preferred by the respondent Rehman before the Settlement Officer of Consolidation and the appeals were dismissed on 25.6.1973. The copy of the judgment has been brought on record as Annexure 2 to the writ petition. Against the order passed by the Settlement Officer of Consolidation, dismissing the petitioners' appeals, two revisions were filed by the respondent No. 3 before the DDC. The revisions were heard and decided vide order dated 3.1.1974, by which the revisions were dismissed.