ANIRUDH SINGH Vs. D D C

JUDGEMENT

(1.) HEARD Sri Shrinath Dwivedi, for the petitioner and Sri N.L. Srivastava for the respondents.

(2.) THIS writ petition has been filed against the orders of Consolidation Officer dated 01.05.2006, Assistant Settlement Officer Consolidation dated 05.10.2006 and Deputy Director of Consolidation dated 30.12.2013 passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act").

(3.) IT may be mentioned that village was placed under consolidation operation on 20.02.1993. At that time Consolidation Officer Banda was having jurisdiction. The objections and written statements were filed before Consolidation Officer, Banda in the year 1994. Subsequently, by the order of Deputy Director of Consolidation, the cases were transferred to Consolidation Officer Rajapur, after hearing the parties. However the petitioners did not appear before Consolidation Officer Rajapur. The Consolidation Officer proceeded exparte against the petitioners and his father by order dated 17.10.1997. Statements of Amar Pal Singh and Phool Singh were recorded on 09.03.1998 in the absence of the petitioners and their father and these witnesses were not cross examined. The Consolidation Officer by order dated 19.07.2004, held Rameshwar was inherited by his brothers Hinwat and Jageshwar. The respondents, being sons of Jageshwar, were his heirs. However, share of the parties were wrongly determined in the operative portion of the order. The respondents filed an application for correcting the operative portion of the order according to the findings recorded in the body of judgment. Then a subsequent order dated 01.05.2006 was passed allowing the objections of the respondents.