RAM PAT Vs. D D C

JUDGEMENT

(1.) HEARD Sri C.K. Rai for the petitioners.

(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation dated 12.9.1991, by which reference was accepted and the order of Consolidation Officer dated 10.11.1967 has been set aside and the land in dispute was directed to be recorded as Gaon Sabha land.

(3.) IN the meantime, on a complaint, an enquiry was conducted and the Assistant Consolidation Officer who submitted a report that the land in dispute was banjar, pokhri and abadi and it has been wrongly recorded in the name of the petitioners. According to the enquiry report, the names of petitioners have been mutated without any order of the competent authority. On the basis of this report, a reference has been submitted under Section 48(3) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act) to the Deputy Director of Consolidation for setting aside the entries and restoring the land in dispute in the name of Gaon Sabha. On the notice being issued of the reference, the petitioners appeared before the Deputy Director of Consolidation and filed an objection stating therein that as the appeal was pending against the order of Consolidation Officer dated 10.11.1967, as such, the validity of the order would be examined in the appeal and reference was not maintainable. However, Deputy Director of Consolidation has ignored the objection raised by the petitioners in this respect and proceeded to decide the matter on merit. Deputy Director of Consolidation in the judgment dated 12.09.1991 found that Case No. 17902 under Sections 9 -A(1) of the Act, decided on 10.11.1967, was not registered in the Goswara Register at Sl. No. 50. At Sl. No. 50, another case has been registered. As such the alleged order of Consolidation Officer was fictitious and non existent, on the basis of which, the entries in favour of the petitioners were found to be fictitious entries. Deputy Director of Consolidation by order dated 12.09.1991 directed to expunge the entries of the names of the petitioners from the land in dispute and it was restored to Gaon Sabha.