JAWAHAR LAL Vs. DY. DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sri S.C. Tripathi, learned Counsel for the petitioner. This petition arises out of an objection under section 9 -A(2) and pertains to plot Nos. 308 and 429, which were recorded in the name of Smt. Rupau in the basic year record. It appears that on an objection filed by the petitioner claiming on the basis of an alleged gift deed dated 20.2.1969 his name was mutated in place of Smt. Rupau. Aggrieved Smt. Rupau preferred Appeal No. 723/733 before the Settlement Officer, Consolidation along with an application for condonation of delay. The appeal was dismissed on 30.7.1991 on the ground of latches. Consequential revision filed by the Smt. Rupau was disposed of on 25.5.1993 in terms of a compromise dated 27.4.1993. By the compromise order, the name of Smt. Rupau appears to have been ordered to continue in the revenue record.

(2.) IT appears that Smt. Rupau died on 31.3.1998 leaving behind the contesting respondent, who is her sole legal representative. It is further the case of the contesting respondent that on 16.4.2006 she was informed that the compromise order dated 25.5.1993 have been set aside and the name of the petitioner has been ordered to be mutated. It is alleged that on 24.6.1998 an application was filed to recall the compromise order dated 25.5.1993. This application was filed by the petitioner without impleading Smt. Rupau or her heir and this application was allowed ex -parte and the compromise order dated 25.5.1993 was recalled on 31.12.2001.

(3.) THE contesting respondent thereafter filed a Writ Petition No. 6895 of 2008. This Court by its order dated 14.11.2008 allowed the writ petition and set aside the order impugned dated 16.1.2008 imposing cost of Rs. 3,000/ - on the respondent No. 2 therein (petitioner in the instant writ petition). The D.D.C. was further directed to decide the recall application within a period of four months from the date of production of a certified copy of the order.