RAM AKBAAL Vs. D D C

JUDGEMENT

(1.) HEARD Sri V.D. Ojha, learned counsel for the petitioner, and the learned Standing Counsel for the State -respondents.

(2.) THIS writ petition has been filed challenging the order dated 10.3.1983 passed by the Dy. Director of Consolidation (for short, the DDC) on a reference under section 48 of the U.P. Consolidation of Holdings Act (for short, the Act) which has been accepted by the DDC. This reference was prepared on an application filed by the Up -pradhan, Rampal, on 10.9.1982. This application was to the effect that plot nos. 300 and 301 were fraudulently included in chak no. 451 in CH Form -23. Chak no. 451 was carved out in the name of Sriram. The petitioner, Ram Akbaal, is the son of Sriram.

(3.) SRI V.D. Ojha, learned counsel for the petitioner, has submitted that plots nos. 300 and 301, were recorded as 'parti qadeem'. These plots were valued and were included in his chak. It is further his case that these plots were low -lying land and the petitioner raised their level by investing a substantial sum of money. The entire process took over 5 years. It is, thereafter, after a gap of 9 years, that the complaint was made by respondent no. 3, whereupon the order impugned has been passed.