SALIK RAM Vs. D D C & OTHERS

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The writ petition has been filed for quashing the order of Joint Director of Consolidation, Allahabad, respondent 1, dated 30.6.1977 passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953, hereinafter referred to as "the Act".

(3.) It has been stated that the village was notified under Section 20 of the Act on 15.2.1972 and CH Form 23 was distributed to all the chak holders. The respondent no.2 did not file any objection within the time allowed under the Act. Accordingly, the provisional consolidation scheme was confirmed and possession over the allotted chaks was delivered. Subsequently, respondent no.2 filed objection dated 12.3.1974 against the proposed chak under Section 20 of the Act. Although objection was long barred by limitation but neither any application for condonation of delay was filed nor prayer in this respect was made. The objection of the respondent no.2 was rejected by the Consolidation Officer by order dated 9.4.1974. Thereafter the petitioner filed a revision from the aforesaid order which has also been dismissed for non compliance of the provisions of Rule 111 on 9.12.1976. Subsequently, respondent no.2, moved an application for recall of the order dated 9.12.1976 which has been allowed and simultaneously the revision has also been allowed disturbing the chak of the petitioner.