SIYANAND Vs. DEPUTY DIRECTOR OF CONSOLIDATION AND OTHERS

JUDGEMENT

(1.) By means of this writ petition, the petitioner has challenged the judgment of the Deputy Director of Consolidation dated 20.7.2000 (Annexure 11 to the writ: petition).

(2.) There appears to be no dispute about certain factual aspects and thus without referring the facts in detail, relevant admitted facts can be summarized as thus.

(3.) In the basic year record, plot Nos. 393/3, 393/8, 393/9 and 398/5 were recorded us Banjar. An objection was filed by one Swami Ramanand Chela of Bhu-manand with the claim that in view of the nature of land, it should be directed to be kept out of consolidation. The .Consolidation Officer by his judgment dated 30.11.1978 held that plot No. 393/3 mingumla is the property of Swami Ramanand-objector and remaining land/plot, it was directed that it should be recorded as Ashram, Bagecha and Phulwari shamil jot abadi. The respondent No. 2 filed appeal against the order of Consolidation Officer, which was dismissed on 2.6.1979 but at the same time, the order of Consolidation Officer was modified and the entire land was directed to be recorded as abadi, Against the aforesaid order of the Settlement Officer Consolidation, revision was filed by Nagar Palika which was allowed by the Deputy Director of Consolidation by his order dated 9.12.1981. Swami Ramanand referred above took up the matter to this Court by filing writ petition No. 5969 of 1981. During pendency of writ petition, Swami Ramanand died. Two separate substitution applications were filed before this Court, one by present respondent No. 3 and other by one Swami Mahanand. This Court instead of deciding the controversy that who is the heir of Swami Ramanand entitled to succeed on the basis of will, directed that both claimants namely the present respondent No. 3/Swami Shardanand and Swami Mahanand be brought on record for the purposes of prosecution of writ petition. Thereafter, the writ petition was finally decided/allowed by the judgment and order dated 24.7.1997 and the matter was remitted back to the Deputy Director of Consolidation for deciding the revision of Nagar Palika afresh after making spot inspection. Pursuant to the order of remand, revision filed by the Nagar Palika came to be decided by the impugned order dated 20.7.2000 which is under challenge in this writ petition.