SUDHARANI PANDEY Vs. D D C BARABANKI

JUDGEMENT

(1.) HEARD Sri Rama Kant Srivastava for the petitioner and Sri Vikas Pandey for the contesting respondent. The writ petition has been filed against the order of Settlement Officer Consolidation dated 12.10.2011 and Deputy Director of Consolidation dated 8.9.2014.

(2.) BY the impugned order appeal filed by Smt. Shashi Bala, respondent -4 has been allowed and the order of Assistant Consolidation Officer dated 20.2.2003 passed on the basis of alleged compromise has been set aside and the matter has been remanded to the Consolidation Officer for trial of the case on merit and the revision filed by the petitioner has been dismissed.

(3.) THE Counsel for the petitioner submits that Smt. Shashibala is not daughter of Babu Ram Pandey, she is making forgery in the record and producing forged documents. She is claiming herself to be the daughter of Babu -ram Pandey. From the various documentary evidence it was proved that the petitioner was daughter of Babu Ram Pandey and Deputy Director of Consolidation could have decided the case on merit instead of remanding the case. He submits that Smt. Shashibala did not file any objection either before the Assistant Consolidation Officer under section 9/12 or before the Consolidation Officer as such she has no locus standi for filing the appeal directly before the Settlement Officer Consolidation against the order of Assistant Consolidation Officer. He relied upon the judgment of this Court in Tribeni Singh v. State of U.P., 1961 RD 58.