RAM SEWAK Vs. D D C

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner challenging the order passed by the Deputy Director of Consolidation (the DDC) in Revision No. 62 under section 48(1) of U.P. Consolidation of Holdings Act, whereby the revision has been dismissed and the order of remand passed by the Settlement Consolidation Officer has been affirmed. It has been submitted by the Counsel for the petitioner that in view of amendment made in section 48 whereby Explanation -3 was added, the DDC has all the powers to decide the matter himself instead of remanding it to the Consolidation Officer. He, therefore, submits that the order of remand passed by the DDC is illegal.

(2.) THE dispute between the parties relates to the validity of separate Wills set up by the parties. Both these Wills are alleged to have been executed by Har Bhan. In mutation proceedings prior to start of consolidation operation, respondent was recorded over the land in dispute on the basis of Will dated 16.9.1975.

(3.) RAM Sewak, the petitioner also set up an unregistered Will. The objection was decided on the basis of a compromise dated 17.11.2008 which was partly accepted by the Consolidation Officer and partly rejected vide his order dated 12.12.2008.