DALPAT Vs. DY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sri L.P. Singh, for the petitioner. In spite of written information being given to Sri Gaurav Sisodia, Advocate, who are appearing for the contesting respondents, he did not turn up for arguments.

(2.) THE writ petition has been filed for quashing the order of Joint Director of Consolidation dated 30.04.1991 and Deputy Director of Consolidation dated 04.01.2006, arising out of chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) PATIRAKHAN and others (respondents -2 to 4) filed an objection under Section 9 of the Act, for correcting the area of plot 1152/13 and 1152/14 as 11.18 acre. It has been alleged that plots 1152/13 and 1152/14 (total area 11.18 acre) was of Mohal Maniram and was in their possession from long before abolition of zamindari. In consolidation extracts, the area of different sub -plots of 1152 have wrongly shown in which their area has been shown as 4.68 acre. Prior to consolidation, they filed Case No. 15 of 1970 for correction of the area of sub -plots of plot 1152, which was decided on 08.06.1972 but it could not be given effect to in revenue records. The petitioner contested the aforesaid objection on the ground that plot 1152/15/4 (area 6.27 acre) was of Mohal Rajaram and Matadin was its tenant. After date of vesting Matadin became its bhumidhar from whom he had purchased this plot. The respondents had nothing to do with the land falling in Mohal Rajaram. In Case No. 248/22 of 1964 Jagroop Singh Vs. Matadin decided on 14.09.1964, the respondents were found to be bhumidhar in possession of 8.08 acre alone. Apart from this area, the respondents were not in possession of any other area of plot 1152. Judgment dated 14.09.1964 was binding upon the respondents. The petitioner or Matadin were not parties in Case No. 15 of 1970 as such order dated 08.06.1972 was not binding upon them nor this order was ever given effect to. The case was tried by Consolidation Officer, who by the order dated 21.06.1982 dismissed the objection of the respondents. The appeal filed by the respondents was also dismissed by order dated 12.10.1984. However the revision was allowed by order dated 06.12.1986 and the matter was remanded to Consolidation Officer.