LAWS(ALL)-2014-1-43

RAM NATH SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION

Decided On January 21, 2014
RAM NATH SINGH Appellant
V/S
DEPUTY DIRECTOR OF CONSOLIDATION Respondents

JUDGEMENT

(1.) Shri S.K. Singh, learned counsel for the petitioner and Shri R.N. Tilhari, learned counsel for the contesting opposite parties, who appears through caveat.

(2.) This writ petition arises out of consolidation proceedings pertaining to title. Objections under section 9/9A of U.P.C.H. Act were filed by both the petitioners who are sons of Nawab Singh before Consolidation Officer on 04.01.1993 praying that the name of Aniruddh Singh shall be expunged from the revenue record in respect of agricultural land comprised in Gata No. 906. Opposite parties 4 to 8 are legal representatives of Aniruddh Singh. Objections were rejected by the Consolidation Officer on 31.08.1998 however the order was set aside on restoration. Therefore through order dated 16.09.2005 Consolidation Officer, Sadar, Hardoi, allowed the objections. Again restoration application was filed which was allowed on 10.11.2010 and earlier order dated 31.08.1998 dismissing the objections was revived. Against the order dated 10.11.2010 petitioners filed Appeal no. 235. Settlement Officer of Consolidation Hardoi, allowed the appeal on 15.06.2013 set aside the order of Consolidation Officer dated 10.11.2010 and expunged the name of Aniruddh Singh from the revenue records over the land in dispute and entered the same in the name of Nawab Singh, father of the petitioners. Against the said order, contesting opposite parties filed Revision No. 431/2013-14 Shiv Kumar and others Vs. Ram Nath. Deputy Director of Consolidation, Hardoi allowed the revision through judgment and order dated 13.11.2013, set aside the order of the Settlement Officer of Consolidation dated 15.06.2013 and order of Consolidation Officer dated 10.11.2010 was revived. This writ petition is directed against the order passed by the revisional court.

(3.) Consolidation Officer as well as Deputy Director of Consolidation have maintained the basic year entries (when the consolidation proceedings started in the area in question).