RAVI Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri Awadh Behari Singh, learned counsel for the petitioners and Sri B.N. Pathak, learned standing counsel for the state-respondents.

(2.) With the consent of learned counsel for the petitioners and learned standing counsel, the instant writ petition is being heard and disposed of finally without inviting counter affidavit.

(3.) Brief facts of the case are that one Shyamraji widow of Kumar executed a registered sale-deed on 14/10/1985 with regard to the house situated in village - Hengapur and another sale-deed was executed by Shyamraji on 30/11/1991 in respect to plot Nos. 411/0.142 kari, 5M/0.145 kari, 6M/0.028 kari, 7M/0.004 kari situated in village-Hengapur, Tehsil-Sadar, Pergana - Nizamabad, District - Azamgarh. The Assistant Consolidation Officer vide order dtd. 16/1/1992 ordered to record the name of petitioners in place of Shyamraji under Sec. - 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "U.P.C.H. Act"). After death of Shyamraji, the name of predecessor of respondent Nos. 4 to 6 were ordered to be recorded in case under Sec. - 12 of U.P.C.H. Act, vide order dtd. 20/5/1992 as successor of Shyamraji over the land belonging to Shyamraji including the disputed plots which was transferred by her in favour of predecessor of petitioners, accordingly, petitioner's father filed a revision under Sec. - 48 of U.P.C.H. Act against the order dtd. 21/5/1992 passed by Assistant Consolidation Officer which was decided on the basis of compromise vide order dtd. 28/2/2002. The village in question was notified under Sec. 6 (1) of U.P.C.H. Act on 22/11/2010. Petitioners filed an application on 22/9/2022 before respondent No. 2/Settlement Officer of Consolidation for implementation of the order dtd. 16/1/1992 passed by Assistant Consolidation Officer under Sec. -12 of U.P.C.H. Act. The parwana was issued on 24/9/2022. An application was filed at the instance of respondent Nos. 4 to 6 for withdrawal of Parwana dtd. 24/9/2022 and prayer has been made to issue fresh parwana on the basis of order dtd. 28/2/2002 passed by Deputy Director Consolidation in revision. A report dtd. 25/9/2023 was submitted by the Consolidation Officer that there is double entry of the plot in dispute in view of the order dtd. 28/2/2016 passed in Case No. 435/1860. On the basis of the report dtd. 25/9/2023, Settlement Officer of Consolidation passed an order on 3/11/2023, directing the Sub-Divisional Magistrate to implement the order dtd. 28/2/2002, passed by Deputy Director of Consolidation as well as to expunge the double entry made vide order dtd. 26/2/2016. Another order dtd. 3/11/2023 was also forwarded to the Sub-Divisional Magistrate to cancel the orders dtd. 25/11/1983 and 16/1/1992. Petitioners filed an application on 8/12/2023 before Settlement Officer of Consolidation for staying the implementation of the subsequent order dtd. 3/11/2023 issued through letter No. 1442, accordingly, implementation of the same was stayed by the Settlement Officer of Consolidation vide order dtd. 8/12/2023 and fixed 12/12/2023 for further order. On 9/1/2024, Settlement Officer of Consolidation has passed the impugned order dtd. 9/1/2024 to the effect that order dtd. 26/2/2016 passed by Naib-Tahsildar be recalled till 30/1/2024 otherwise entry made in pursuance of the sale-deed dtd. 30/11/1991 will be deemed to be cancelled. Petitioners filed on application to recall the order dtd. 26/2/2016 passed by Naib-Tahsildar in Case No. 435/1860. Petitioners also filed an application on 19/1/2024 before Settlement Officer of Consolidation for staying the implementation of the orders dtd. 9/1/2024/ 30/1/2024 but no order was passed by Settlement Officer of Consolidation, hence this writ petition for following relief:-