LAWS(ALL)-2014-2-113

RAM DULAR Vs. DEPUTY DIRECTOR OF CONSOLIDATION

Decided On February 19, 2014
RAM DULAR Appellant
V/S
DEPUTY DIRECTOR OF CONSOLIDATION Respondents

JUDGEMENT

(1.) HEARD Sri Rajesh Kumar Pandey for the petitioner.

(2.) THIS writ petition has been filed against the orders of Consolidation Officer dated 16.06.2004, Settlement Officer, Consolidation dated 05.09.2006 and Deputy Director of Consolidation dated 12.09.2013, passed in title proceedings, arising out of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act").

(3.) THE counsel for the petitioner submits that amendment application filed by the petitioner has been allowed by Consolidation Officer by order dated 23.01.1999 and the objection of the petitioner has been permitted to be amended. The petitioner has specifically raised the plea that under the family settlement, plot no. 1036 has been given in the exclusive possession of Ram Nath and plot no. 1060 has been given in exclusive possession of the petitioner. However, no issue has been framed by Consolidation Officer in this respect. From the khasra filed by the petitioner of the year 1373 F, the possession of the petitioner over plot no. 1060 was proved. In this way, the family settlement claimed by the petitioner has been proved, but no finding has been recorded on it's basis. He further submits that Consolidation Officer has illegally noted in its judgment that plot no. 1036 was purchased in the year 1955 and plot no. 1060 was purchased in the year 1957, while the fact was otherwise, i.e. plot no. 1060 was purchased in the year1955 and plot no. 1036 was purchased in the year 1957. Thus, the correct facts have not been considered, which shows non application of mind. The appeal and revision of the petitioner were also dismissed.