MAHADEO SINGH Vs. MST. GUJARAT KUNWAR AND OTHERS

JUDGEMENT

(1.) In this writ petition, the question of share is involved. According to the case of the petitioner, 16 persons were recorded in the basic year. The petitioner filed an objection claiming ⅓ share in the Khata in dispute. But the Deputy Director of Consolidation allowed only 1/16 share to the petitioner.

(2.) Learned counsel for the petitioner has challenged the order of the Deputy Director of Consolidation on the ground that he filed an objection but the same was not considered and he was afforded no opportunity to prove his title. According to the learned counsel for the petitioner, he has got no concern with Khata no. 67. In fact he filed objection in respect of Khata No. 6, which is in dispute but on receipt, received by him in proof of filing his objection, it was wrongly noted as Khata no. 67 by the office instead of Khata no. 6. Therefore, the Consolidation Authorities were not justified in not considering his objection and rejecting his claim on the ground that no objection was filed. He was present on the relevant dates but he was afforded no opportunity. It has been stated by the learned counsel for the petitioner that according to the pedigree, his share will come to 1/4 in the holding in dispute although he filed-his objection for ⅓ share. Anyway, he was entitled to be heard and the share should have been decided on the basis of evidence after giving sufficient opportunity of hearing to the parties concerned.

(3.) The allegation of the petitioner has not been opposed from the other side before this Court. In view of the aforesaid facts, the petitioner is entitled to be heard in support of the share claimed by him in Khata no 6. All the Consolidation Authorities have rejected his claim on the assumption that no objection was filed on behalf of the petitioner regarding Khata no 6, which appears to be incorrect in view of the fact that he produced the receipt mentioning Khata no. 67 instead of Khata no. 6. The petitioner deserves opportunity to prove his case.