CHATURBHUJ TIWARI Vs. D D C

JUDGEMENT

(1.) HEARD Sri Sahab Tiwari for the petitioner and Sri Pradeep Kumar Rai for the contesting respondent.

(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation dated 11.02.2013, arising out of proceedings under Section 9 -C of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) THE counsel for the petitioner submits that Ram Sumer has already executed a sale deed of the land of his share in khata 281, as such, his claim regarding 1/3 share in this khata, was illegal. He further submits that on the one hand Mahendra Kumar is claiming 1/3 share in the entire khata, but at the same time, he was claiming exclusive right over plot 295/2. As such, the dispute between the parties was in respect of the share in the land in dispute and the objection filed by the petitioner was pending before the Consolidation Officer. Settlement Officer Consolidation has rightly set aside the order of Assistant Consolidation Officer and remanded the matter to Consolidation Officer for deciding the dispute relating to the share of the parties on merit after taking evidence, but Deputy Director of Consolidation has illegally reinstated the order of Assistant Consolidation Officer. The order of Deputy Director of Consolidation is illegal and is liable to be set aside.