RISHI NARAYAN Vs. SETTLEMENT OFFICER CONSOLIDATION, AND ANOTHER

JUDGEMENT

(1.) Heard Sri S.C. Tripathi for the petitioner and Sri M. Sarwar Khan for the respondent.

(2.) The writ petition has been filed for issue of writ of prohibition, prohibiting Settlement Officer Consolidation, Jaunpur (respondent-1) to proceed and decide the application dated 31.10.2009, filed by Smt. Mohsina (respondent-2) for recall of the order dated 06.10.2009 and for quashing the order of respondent-1 dated 31.10.2009 passed in the aforeasid application, by which the record has been summoned and the notices have been issued for hearing, arising out of the proceedings under Section-6-A of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').

(3.) On the village being placed under consolidation operation, Rishi Narayan (the petitioner) filed an application (registered as Case No. 744) under Section-6-A of the Act, before the Assistant Consolidation Officer, Ram Nagar Gadsara, Jaunpur, for recording his name over plot No. 166 (area 0.032 hectare) of village Jagdishpur, pargana Haweli, district Jaunpur, on the basis of sale deed dated 03.12.2001 executed by Iqbal Ahmad, Mumtaj Ahmad, Mukhtar Ahmad and Ibrar Ahmad sons of Abdul Aziz and Smt. Alimunnisa widow of Abdul Aziz. Assistant Consolidation Officer issued proclamation and notices to the vendors. The parties appeared before the Assistant Consolidation Officer on 16.09.2005 and entered into compromise. Assistant Consolidation Officer recorded the conciliation proceeding which has been signed by the aforesaid vendors and vendee and Smt. Israri, member of the Consolidation Committee. On the basis of the conciliation, Assistant Consolidation Officer by order dated 16.09.2005, directed for mutating the name of the petitioner over the land in dispute.