BABU LAL Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sri Anand Kumar for the petitioners. The writ petition has been filed against the orders of Consolidation Officer dated 13.3.1991, Settlement Officer, Consolidation dated 8.8.2007 and Deputy Director of Consolidation dated 24.9.2013 passed in the proceeding under section 9A of U.P. Consolidation of Holdings Act.

(2.) THE dispute is in respect of plot No. 3874 of village Deeh, pargana -Isauli, tehsil - Musafirkhana, district -Sultanpur. In basic consolidation record the land in dispute was recorded in khata No. 1134 in the name of Somai S/o Devai. During partal Sitaram S/o Devai raised a claim of co -tenancy over the land in dispute accordingly the dispute was noted in CH Form 4. It appears that the matter could not be compromised before the Assistant Consolidation Officer, accordingly, it was referred to Consolidation Officer. The Consolidation Officer in the order dated 13.3.1991 found that Somai in his oral statement admitted Sitaram was the co -sharer of the land in dispute accordingly he by order dated 13.3.1991 directed for recording the name of Sitaram as co -tenure holder along with Somai in khata No. 1134 aforesaid.

(3.) THE Counsel for the petitioners submits that it is for the first time before the Deputy Director of Consolidation, the dispute relating to date of death of Somai was raised. The Deputy Director of Consolidation ought to have framed an issue as provided under Rule 26(2) of U.P. Consolidation of Holdings Rules. However, without framing any issue and without trial he has decided the dispute between the parties in respect of date of death of Somai. The order of Deputy Director of Consolidation is illegal and liable to be set aside.