SURESH SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Mr. A.P. Singh, learned counsel for the petitioner, Mr. Adya Prasad Tewari, learned counsel for the respondent Nos. 3 to 6, Mr. Sachida Nand Tripathi, learned counsel for respondent No. 7 and learned Standing Counsel for the Staterespondents in WritB No. 3894 of 2024.

(2.) Heard Mr. Adya Prasad Tewari, learned counsel for the petitioner, Mr. Sachida Nand Tripathi, learned counsel for respondent Nos. 3 to 6 and learned Standing Counsel for the Staterespondents in WritB No. 3336 of 2024.

(3.) Brief facts of the case are that dispute relates to plot of Khata Nos. 73 and 74 situated in Village Chakdaud, Tahsil Sahjanwa, District Gorakhpur. Against the basic year entry of plot in question one objection was filed by Raj Kumari and Raj Kishori under Sec. 9A (2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "U.P.C.H. Act") in respect to khata No. 74 for expunging the name of Parasuram, Lalu and Chokat, the predecessorininterest of Suresh Singh. Another objection was filed by Parasuram, Lalu and Chokat for expunging the name of Raj Kumari and Raj Kishori daughters of Nirmal Singh in respect to khata No. 73. Consolidation Officer vide order dtd. 24/12/2003 allowed the objection filed by Raj Kumari and Raj Kishori with respect to khata No. 74. Against the order dtd. 24/12/2003 heirs of Parasuram, Lalu and Chokat filed a time barred restoration application on 23/10/2007 before the Consolidation Officer which was dismissed vide order dtd. 19/1/2011. In respect to khata No. 73, Consolidation Officer vide order dtd. 28/6/1990 allowed the objection filed by Parasuram, Lal and Chokat, accordingly, Raj Kumari and Raj Kishori filed restoration application on 10/9/1990 for recalling the order dtd. 28/6/1990. Consolidation Officer vide order dtd. 20/3/1991 allowed the application and set aside the order dtd. 28/6/1990. Against the order dtd. 20/3/1991 passed by the Consolidation Officer, a time barred appeal was filed by legal heir of Lalu and Chokat, namely, Suresh Singh which was dismissed by the Settlement Officer of Consolidation vide order dtd. 7/3/2005. Suresh Singh and others filed a revision under Sec. 48 of U.P.C.H. Act against the order dtd. 20/3/1991 and 7/3/2005. The aforementioned revision was dismissed by the Deputy Director of Consolidation vide order dtd. 17/3/2008. Correction application filed on behalf of Raj Kumari and Raj Kishori in respect to revisional order dtd. 17/3/2008 was allowed on 4/6/2008 making necessary correction in the order dtd. 17/3/2008. Against the order dtd. 4/6/2008 passed by Deputy Director of Consolidation, Suresh Singh and others filed a WritB No. 36480 of 2008. The aforementioned Writ B No. 36480 of 2008 was heard finally by this Court and vide order dtd. 4/9/2014 the writ petition was allowed setting aside the order dtd. 4/6/2008 and matter was sent back before the Consolidation Officer to decide the objections of Suresh and Others as well as objection/crossobjection filed by other parties in accordance with law. In pursuance of the order dtd. 4/9/2014 passed by this Court, the proceeding was started before the Consolidation Officer. In the aforementioned proceeding, an impleadment application dtd. 3/1/2018 was filed on behalf of Birendra Yadav and 11 others to implead them in the proceeding as plot in question has been purchased by them on the basis of registered saledeed dtd. 11/2/2002 and 21/4/2003. The aforementioned impleadment application was rejected by the Consolidation Officer vide order dtd. 27/2/2018 and fixed the proceeding for evidence of the parties. Consolidation Officer heard the objections on merit and dismissed the objection vide order dtd. 11/1/2019 filed by Suresh Singh and others with respect to khata No. 73 maintaining the basic year entry of the khata No. 73. Against the order dtd. 11/1/2019 passed by the Consolidation Officer, an appeal was filed by Suresh Singh before the Settlement Officer of Consolidation. In respect to Khata No. 74, Suresh Singh filed a highly time barred appeal on 5/11/2018 against the order of Consolidation Officer dtd. 19/1/2011. The aforementioned appeals filed by Suresh Singh was consolidated by the Settlement Officer of Consolidation and after considering the evidence on record, the appeal was dismissed vide order dtd. 31/12/2020. Suresh Singh filed two revisions being Revision Nos. 1017 of 2021 and 1018 of 2021 before Deputy Director of Consolidation against the order of Settlement Officer of Consolidation dtd. 31/12/2020 and order dtd. 11/1/2019 passed by the Consolidation Officer. During pendency of the aforementioned revision Birendra Yadav and others have filed impleadment application dtd. 11/5/2022. Against the aforementioned impleadment application dtd. 11/5/2022 Raj Kumari and others have filed their objection. Deputy Director of Consolidation vide order dtd. 11/5/2022 disposed of the impleadment application permitting the Birendra Yadav and others for doing necessary pairvi in pending revision. Hence WritB No. 3336 of 2024 has been filed with laches of about 574 days in filing the writ petition for the following relief :