SHYAM NARAIN Vs. DY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) THIS writ petition is directed against the order of Deputy Director of Consolidation dated 30-12-1993 whereby he recalled the order dated 28-11-1991 and restore the revision for deciding it on merits.

(2.) BRIEFLY stated the facts are that consolidation proceedings started in village Pagapar, Pargana Haveli, district Gorakhpur (now Maharajganj). In the basic year Khatauni, Khata Nos. 8 and 822 situate in that village were recorded in the names of Smt. Anarkali, Shyam Narain and Aditya. The relevant pedigree is given below : <IMG>JUDGEMENT_1280_AWC3_1994Image1.jpg</IMG>

(3.) ON 26-12-1991, Ram Kishore filed an application to set aside the order dated 28-11-1991, whereby the revisions were disposed of in terms of the compromise. He came with the allegation that the compromise was collusive and fraudulent to defeat hiis rights by the vendors. The petitioners filed objections to the said application. The Deputy Director of Consolidation allowed the application by his order dated 36-12-1993 holding that the order dated 28-11-1991 was obtained collusive and fraudulently with the sole purpose to defeat the rights of the transferee. The petitioners have challenged this order in this writ petition.