VISHWANATH Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Mr. Manoj Kumar Singh, Counsel for the petitioners, learned Standing Counsel for State respondents and Mr. Rejesh Kumar Yadav, Counsel for the contesting respondent Nos. 3 to 7.

(2.) With the consent of the counsel for the parties, the writ petition is being heard and disposed of finally without calling counter affidavit.

(3.) The brief facts of the case are that Khata No. 355, plot No. 410/48/3 M, area 150 air, plot No. 410/49 M area 113 air, Khata No. 347, Plot No. 496 area 194 air situated in Mauza Pisor, ParganaShivpur, Tehsil and DistritVaranasi was recorded in the name of Beere, who died on 14/9/1994. The application/objection under Sec. 12 of U.P.C.H. Act was filed by the petitioner No. 1 along with father of petitioner Nos. 2 to 7 for recording their names over the disputed plot on the basis of succession. Consolidation Officer vide order dtd. 7/10/1995 allowed the application/ objection filed by the petitioners under Sec. 12 of U.P.C.H. Act and ordered to be recorded the name of the petitioner No. 1 along with father of petitioner Nos. 2 to 7 over the disputed plot. Against the order dtd. 7/10/1995 contesting respondents filed recall application after 15 years along with application under Sec. 5 of Limitation Act. Against the recall application as well as application under Sec. 5 of Limitation Act, objection was filed by the petitioners. The Consolidation Officer vide order dtd. 19/10/2015 rejected the application on the ground of the limitation. Against the order dtd. 19/10/1995 and 7/10/1995 passed by the Consolidation Officer, appeal filed under Sec. 11(1) of the U.P.C.H. Act was filed by contesting respondents and the appellate Court/Settlement Officer of Consolidation vide order dtd. 14/6/2021 allowed the appeal and set aside the orders of Consolidation Officer dtd. 7/10/1995 and 28/10/2015 and dismissed the petitioners' objection under Sec. 12 of U.P.C.H. Act. The petitioners challenged the order of appellate Court in revision, which was dismissed vide order dtd. 27/2/2023. hence this writ petition.