VED PAL Vs. JOINT DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Present petition is directed against the order dated 17.10.2002, passed by Joint Director of Consolidation, Lucknow, by which the orders passed by the Consolidation Officer and Settlement Officer Consolidation were set aside and the area of plots comprising in Khata No. 301 were directed to be recorded on the basis of area recorded in basic year khatauni.

(2.) The facts bearing on the controversy are that plots comprising in Gata No. 2069, area 1 bigha 11 biswa, 2130 area 1 bigha 13 biswa, 2131, 11 biswa, 2133, one bigha one biswa, 2134, 19 biswa, 2193, 11 biswa, 2195, 1 bigha 7 biswa, 2197, 3 bigha 1 biswa, 2203 1 bigha 9 biswa and 2204 1 bigha 9 biswa were recorded in the basic year in the name of the petitioners. The entries in relation to area of the aforestated plots were altered on the basis of survey ordered by the Consolidation Officer pursuant to notification under Section 4 (1) of the U. P. Consolidation of Holdings Act and following entries in relation to area came to be recorded against the aforestated plots : 2069, 1 bigha 14 biswa, 2130, 1 bigha 17 biswa, 2131, 12 biswa, 2133, 1 bigha 6 biswa, 2134, 1 bigha 2 biswa, 2193, 14 biswa, 2195, one bigha 12 biswa, 2197, 3 bigha 4 biswa, 2293, 1 bigha 18 biswa, 2204, 1 bigha 14 biswa. Likewise in the Writ Petition No. 49090 of 2002 tagged with this petition, Ghata Nos. 2143, 2149, 2151, 2154, 2155 and 2159 were also found to have areas excess of what was recorded in the basic year.

(3.) The order passed on the basis of resurvey by the Consolidation Officer was taken in challenge by respondent Nos. 4 to 7 in appeal before the Settlement Officer of Consolidation. It is claimed by the petitioners that the Consolidation Officer passed the orders after sedulous scrutiny on resurvey by field to field partal and therefore, the order of the Consolidation Officer received affirmance in appeal. This led the opposite parties to prefer revision before the Joint Director of Consolidation. The Joint Director of Consolidation and in the case of connected writ petition, the Deputy Director of Consolidation upturned the orders of the two courts below and directed entries of the settlement year to be resituated in the revenue records. It is in this perspective that the present petition has been instituted.