PARAS Vs. DY. DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sri R.C. Singh, counsel for the petitioners and Standing Counsel for State of U.P. and Sri Taiq Maqbool Khan, Standing Counsel for Gaon Sabha and Sri. K.N. Srivastav, holding brief of Sri Sri Prakash Srivastav, for the respondents.

(2.) THE writ petition has been filed against the orders of Settlement Officer Consolidation (respondent -2) dated 18.08.2012 and Deputy Director of Consolidation (respondent -1) dated 06.08.2013, allowing the appeal of Gaon Sabha and remanding the case for fresh trial to Consolidation Officer and dismissing the revision of the petitioners from the aforesaid order, in title proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) GAON Sabha filed an appeal (registered as Appeal No. 1083/2173/2698) and Chhatthu filed an appeal (registered as Appeal No.1084/2174/2699). Both these appeals were consolidated. Later on, an application has been filed by Up -Pradhan of Gaon Sabha stating that Gaon Sabha had not filed the appeal and the appeal filed in the name of Gaon Sabha be dismissed. The appeals were heard by Assistant Settlement Officer Consolidation, who by order dated 12.03.1981 dismissed the appeal of Gaon Sabha, in pursuance of the application filed by Up -Pradhan and held that pattas of Chhatthu had already been canceled and he had no right. On these findings, both the appeals were dismissed. Chhatthu filed a revision (registered as Revision No. 1089) from the aforesaid order, which was dismissed by Deputy Director of Consolidation, by the order dated 17.04.1982.