SHRAVAN KUMAR YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the Gaon Sabha and learned Standing Counsel representing the respondent nos. 1,2 and 3.

(2.) The present writ petition has been for the following relief:-

(3.) The present writ petition is arising out of reference proceeding under Sec. 48(3) of U.P. Consolidation of Holdings Act (in brevity U.P. C.H. Act). The facts culled out from the pleadings of the petition that one Roop Narayan, respondent no. 5 has moved an application dtd. 14/9/1993 (Annexure No. 5) under Sec. 48 (3) of U.P. C.H. Act to correct the Chak Map with respect of plot no. 31,32 and 33. The application moved by the respondent no. 5 was allowed by Deputy Director of Consolidation ex parte vide order dtd. 5/12/1995 (Annexure No. 8). Feeling aggrieved against the order dtd. 5/12/1995, restoration application dtd. 12/1/1996 has been filed by Smt. Sukhiya W/o Balli (predecessor in the interest of the petitioner) and Smt. Muniya W/o Chandar Yadav. After due consideration of the evidence adduced on behalf of the parties and the submissions advanced on their behalf, Deputy Director of Consolidation has restored the reference and modified the earlier order dtd. 5/12/1995, vide it's subsequent order dtd. 14/3/2001. It appears that both the parties were aggrieved with the order dtd. 14/3/2001. Feeling aggrieved Jagjeeven and Nandlal happens to be the sons of Roop Narayan (Respondent No. 5) have moved a modification application dtd. 12/4/2001 (Annexure No. 15) to correct the third map appended with order dtd. 14/3/2001. The aforesaid modification application dtd. 12/4/2001 is rejected vide order dtd. 13/4/2022. It appears that against this order dtd. 13/4/2022, the present petitioner has filed a recall application on the same day i.e. 13/4/2022 with a request to reconsider the application dtd. 12/4/2001 filed on behalf of the Jagjeeven and others. On the application dtd. 13/4/2022 filed on behalf of the petitioner fresh order was passed on 20/5/2022 by the Deputy Director of Consolidation rejecting the application dtd. 12/4/2001.