GANGA PD SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) ON objection and counter-objection filed by parties an issue on question of jurisdiction was framed by the Consolidation Officer. ON 17-3-1972 it was decided as preliminary issue. The Consolidation Officer repelled petitioner's objection and held that the objection did not relate to abadi but to correction of entries recording the plot as abadi. In revision filed by petitioner the Deputy Director did not decide the question of jurisdiction but held that as the Settlement Officer had already directed part of the land to be reserved for Harijan abadi the remaining shall continue to be recorded in name of tenure-holder. According to him in view of this there was no question of filing any objection. Consequently he allowed the revision and directed entries to be made in revenue records accordingly. Correctness of this order has been challenged by the petitioner.

(2.) ADMITTEDLY the entries in revenue records stood in favour of petitioner. It was opposite party who filed objection that entries should be corrected and it should be recorded as abadi. On the objection raised by petitioner that such question could not be decided by Consolidation Authorities the Consolidation Officer framed preliminary issue and rejected the contention of petitioner against which he filed revision. Scope of revision was limited, as to whether consolidation authorities had jurisdiction to decide the dispute or not ? Merits of the controversy could not be subject matter of consideration when no evidence was led. Apart from it the Deputy Director could not make the petitioner's position worse than what it was before filing of the revision. By allowing petitioner's revision and directing corrections the Deputy Director in fact allowed opposite party's objection if not wholly then substantially without any trial.