LAWS(ALL)-2014-9-148

AWADH NARAYAN Vs. DY. DIRECTOR OF CONSOLIDATION

Decided On September 17, 2014
Awadh Narayan Appellant
V/S
DY. DIRECTOR OF CONSOLIDATION Respondents

JUDGEMENT

(1.) HEARD Sri R.C. Yadav, learned Counsel for the petitioner and learned Standing Counsel for the State -respondents. This petition arises out of an objection under section 9A(2) of the U.P. Consolidation of Holdings Act and is directed against the order dated 1.8.2014 passed by respondent No. 1 in Revision No. 1216, Aivadh Narayan and others v. Sugreev and others, as also the order dated 25.11.2008 passed by the Consolidation Officer, Sadar, Second, Azamgarh.

(2.) THE facts of the case briefly stated are that the petitioner is the son of one Govind. It is stated that an order was passed by the Assistant Consolidation Officer on 14.12.1984 on the basis of an alleged compromise and claiming on the basis of an unregistered sale -deed, said to have been executed by Govind in 1973, the respondents were mutated over the land in question. This order is said to have been passed on 19.1.1985. It has further been stated that an objection under section 9A(2) was filed by one Ramanand son of Mathura, Shyaman -and and Shyam Narayan sons of Jaikaran, Ram Vilas, Ram Lagan and Ram Lagan sons of Garang Dabbal, Dal Sin -gar son of Raghunandar. The objection under section 9A(2) was contested to by Govind by means of a written objection dated 6.2.2002. It is further alleged that the father of the petitioner, namely, Govind died on 31.10.2002. In the pending objection, a substitution application is said to have been filed by Deep Chand on 9.11.2004 for substituting the heirs of Govind and another time barred application for substitution is said to have been filed by Sugreev on 13.6.2004.

(3.) ANOTHER application for substituting the heirs of Govind is said to have been filed by Sugreev on 11.7.2005. The petitioner opposed this application also by means of a written objection. The Consolidation Officer by his order dated 25.11.2008 allowed both the substitution applications.