PYARE LAL Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned standing counsel.

(2.) The facts of the case in brief as stated in the writ petition are that respondent Nos. 5 and 6 and certain other persons were allotted land by the Gaon Sabha in 1964. The petitioner No. 1 and others initiated proceedings for cancellation of the said allotment which was dismissed by the Sub-Divisional Officer as barred by time. However, the Sub-Divisional Officer continued the proceedings suo motu. The proceedings went up to the Board of Revenue and were abated on 26.3.1970, due to consolidation operation in the village. In the consolidation proceedings petitioners again filed objection seeking cancellation of the allotment made in favour of respondent Nos. 5 and 6 and to expunge their name from the disputed plots. The Consolidation Officer vide order dated 31.12.1968 dismissed the objection. The petitioners filed an appeal which was dismissed by the Settlement Officer Consolidation on the ground that the Consolidation Authorities have no jurisdiction to consider the validity of the lease granted by the Gaon Sabha. The revision filed by the petitioners was also dismissed by the Deputy Director of Consolidation on 31.12.1970. Thereafter, a review petition was filed before Board of Revenue for review/recall of the order dated 26.3.1970. The Board of Revenue dismissed the review on 20.11.1974 on the ground that the Consolidation Authorities have jurisdiction to consider the validity of the lease and as such the review was not maintainable. The petitioners again approached the Deputy Director of Consolidation for reviewing the order dated 13.12.1970. The said review application was also dismissed by the Deputy Director of Consolidation on 18.1.1975 on the ground that Consolidation Authorities are not vested with any power of review. In these sets of facts, the present writ petition has been filed seeking followed reliefs:

(3.) It is no doubt correct that when the proceedings were pending before the Consolidation Authorities, there were conflicting views on the Jurisdiction of the Consolidation Authorities to consider the validity of lease granted by Gaon Sabha. However, this controversy was decided by a Full Bench of this Court in the case of Similesh Kumar v. Gaon Sabha, 1977 ALJ 310. The Full Bench opined that the Consolidation Authorities cannot adjudicate upon the validity of the lease nor the same can be cancelled or ignored by them.