NEELAM PRIYARANJAN Vs. DEPUTYDIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Mr. Sunil Kumar, Counsel for the petitioners, learned Standing Counsel for Staterespondents and Mr. Nikhil Kumar, Counsel for respondent Nos. 2 and 3.

(2.) The instant writ petition has been filed for quashing the revisional order dtd. 14/11/2022 passed by respondent No. 1/Deputy Director of Consolidation in Revision No. 3132 of 2022 (computerized case No. D202215060003132) (Karmi Devi v. Phool Chand and others). Under Sec. 48 of U.P.C.H. Act, 1953.

(3.) Brief facts of the case are that in the case/objection filed by contesting respondent under Sec. 9A (2) of U.P.C.H. Act, along with prayer for Sec. 5 of Limitation Act as the objection was filed after 10 years from the notification issued under Sec. 9 of U.P.C.H. Act in respect to plot No. 349 area 0.061 Kadi of Khata No. 48 situated at MaujaHaraiya, TappaAthaisi, ParganaNizamabad,TehsilSadar, DistrictAzamgarh. The Consolidation Officer has decided the objection on the basis of compromise vide order dtd. 26/4/1997. After 10 years of passing of the order by Consolidation Officer dtd. 26/4/1997, contesting respondents initiated proceeding under Sec. 42A of U.P.C.H. Act on 24/2/2007 and the Consolidation Officer has passed the order in aforementioned proceeding on 1/9/2008 for correcting the record. Contesting respondent No. 2 filed Revision No. 3132 of 2022 computerized case No. D202215060003132 under Sec. 48 of U.P.C.H. Act against the order dtd. 26/4/1997 and 1/9/2008 along with prayer for delay condonation application. Revisonal Court vide order dtd. 14/11/2022 has set aside the orders dtd. 26/4/1997 and 1/9/2008, hence this petition.