INDRAJEET SINGH Vs. D D C GORAKHPUR

JUDGEMENT

(1.) Heard Sri Manish Goel along with Sri Kamlesh Kumar Mishra, for the petitioner.

(2.) The writ petition has been filed against the order of Settlement Officer Consolidation dated 01.02.2014, rejecting the application of the petitioner for postponing hearing of the appeal during pendency of the revision filed by the petitioner against the order dated 31.12.2013 by which the application of the petitioner for deciding the delay condonation application and preliminary objection relating to maintainability of the appeal, before hearing arguments on merit in the appeal has been rejected and for issue of writ of prohibition restraining Settlement Officer Consolidation from deciding the appeal on merit before deciding preliminary objection, arising out of proceeding under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) During consolidation, Chak 190 of village Koni tappa Kewatali, pargana Haveli, district Gorakhpur was carved out in the name of Harvinder Singh (respondent-5). The petitioner filed an application (registered as Case No. 85) under Section 12 of the Act, for mutating his name over an area of 0.416 hectare, of the second chak of Harvinder Singh, on the basis of deed dated 02.05.2002. It is alleged that the matter was compromised before Assistant Consolidation Officer between the parties. Assistant Consolidation Officer by order dated 25.07.2003 directed for recording the name of the petitioner over an area of 0.416 hectare on the second chak Harvinder Singh.