RAJENDAR PRASAD Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri Suresh Chandra Pandey, learned counsel for the petitioner, learned Standing Counsel for the Staterespondents and Sri Bhupendra Kumar Tripathi, learned counsel for the Gaon Sabha.

(2.) Briefs facts of the case are that Plot No. 526/15 which originally belongs to petitioner was exchanged by the order of Assistant Consolidation Officer and petitioner was allotted Plot No. 526/29 area 4.5 air (,vj) in lieu of his Plot No. 526/15 in the proceeding under Sec. 21(1) of U.P. Consolidation of Holdings Act, 1953, and order dtd. 13/6/2008 was passed by the respondent No. 3/Consolidation Officer, Pindra, Varansi, allotting Plot No. 557 area 112 air (,vj) without giving opportunity of hearing to the petitioner as the petitioner was not impleaded in the proceeding. Petitioner filed an appeal No. 62/110/182 on 18/4/2011 challenging the order dtd. 13/6/2008 passed by the respondent No. 3/ Consolidation Officer, Pindra, Varansi. The appeal was accompanied by application under Sec. 5 of the Limitation Act. Respondent No. 2/ Settlement Officer of Consolidation, Varanasi, vide order dtd. 13/2/2014 condoned delay in filing the appeal as well as partly allowed the appeal and modified the order of Consolidation Officer dtd. 13/6/2008 resulting into the allotment of Plot No. 526/28 area 0.074 air (,vj) to the petitioner. Petitioner challenged the appellate order dtd. 13/2/2014 through revision under Sec. 48 of U.P. Consolidation of Holdings Act, 1953 along with the application for condonation of delay in filing the revision. In revision the prayer was made for allotment of Plot Nos. 150/7 and 150/8 as Plot No. 526/28 which was allotted to the petitioner by appellate Court, was already allotted to some other tenure holder. The revision was numbered as Revision No. 847 of 2020. In the aforementioned revision on 23/6/2020, respondent No. 1/ Deputy Director, Consolidation, Varanasi called for report and 1/7/2020 was fixed for orders. In pursuance of the order dtd. 23/6/2020, a report was submitted on 27/6/2020 by the Assistant Consolidation Officer, alongwith the Chak amendment table mentioning the Plot Nos. 150/7 and 150/8 should be allotted to the petitioner. On 01/7/2020 next date 14/7/2020 was fixed. On 14/7/2020 record of Gaon Sabha was summoned and next date was fixed on which date the Deputy Director of Consolidation seen the record and fixed 4/8/2020 in the revision. On 17/8/2020, Deputy Director of Consolidation passed an order calling for another Chak amendment table alongwith record in order to decide the dispute in proper manner and 18/8/2020 was fixed. Petitioner filed an application to recall the order dtd. 17/8/2020. The Deputy Director of Consolidation vide order dtd. 20/8/2020 set aside the orders dtd. 20/3/2020 and 17/8/2020 and summoned the original file of the Courts below to decide the matter afresh and also cancelled the earlier Chak amendment table fixing 27/8/2000 in the matter. Hence, this writ petition.

(3.) This Court on 21/10/2020 entertained the writ petition and granted the interim order staying the further proceeding of Revision No. 847 of 2020. In pursuance of the order dtd. 21/10/2020 the State has filed his counter affidavit alongwith stay vacation application and petitioner has filed rejoinder affidavit also.