NEM SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sri Salilendu Kumar Upadhyay for the petitioner.

(2.) THE writ petition has been filed against the order of Consolidation Officer dated 22.11.2007, by which the application filed by the petitioner for impleading him as opposite party in the proceedings initiated by Shanker Lal (respondent -3) has been rejected and the order of Deputy Director of Consolidation dated 25.4.2013, dismissing the revision filed against the aforesaid order.

(3.) THE counsel for the petitioner submits that the petitioner has contested the proceedings u/s 33/39 initiated by Shanker Lal upto the stage of Commissioner, in which, application of Shanker Lal was rejected on his contest. He further submits that the claim of Shanker Lal on the basis of patta has already been rejected by the CO by order dated 26.6.1997, accordingly, further proceedings u/s 12 was not maintainable. In case, the petitioner be permitted to be impleaded in the proceedings, then he may contest the matter and bring on record all the evidence in this respect. Since the petitioner has been declared as bhumidhar with non -transferable right by the order of SDO dated 31.3.2008, as such, right, title and possession of the petitioner over the land in dispute has been established. In such circumstance, the petitioner is a necessary and proper party, or at least, entitled to be heard before the CO. I have considered the arguments of counsel for the petitioner and examined the record.