JIWA RAM Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) JIWAN and Kanhaiya Lal the appellants were recorded as tenants-in-chief of the plots in dispute. Raadha Swami Satsang Sabha Dayal Bagh the respondent was shown in the revenue papers as in possession for the last many years. The appellants filed an objection under Section 9. U. P. Consolidation of Holdings Act claiming that the entry in favour of the respon dent be expunged. On 20th May, 1962 the Assistant Consolidation Officer pur ported to record reconciliation under which the Sabha was accepted to be sir dar of the plots. The appellants appeal ed against that order of reconciliation. The appeal was dismissed on 27th Nov ember. 1964. The appellants then filed a revision. The Deputy Director up held the appellant's contention that they had no notice of the reconciliation pro ceedings. He set them aside and re manded the case to the Settlement Offi cer for disposal. The Settlement Offi cer held that because of setting aside the reconciliation proceedings the objec tion had to be decided on merits which requires evidence. To this end he re manded the 'Case to the Consolidation Officer.

(2.) ON 22-9-1967 the Consolidation Officer dismissed the objection filed by the appellants in default. The same day the appellants filed an application for setting aside the ex parte order. On 13-12-1967 this application was allowed and the order dismissing the objection in default was set aside. The Sabha went up in appeal. The Settlement Officer held that the Consolidation Officer had jurisdiction to entertain the application for restoration, even though a notifica tion under Section 52 had been issued on January 1. 1966. On this view the appeal was dismissed.

(3.) AGGRIEVED , the appellants filed a writ petition in this Court. A learned single Judge relying upon Mohammad Saddiq v. Dy. Director of Consolidation, (1967 U. P. Rev. Cas 92 (All)) held that after the notification under Section 52 the restoration application was in- The writ petition was dis missed, leading to the present appeal.