SAVITRI DEVI Vs. DY DIRECTOR OF CONSOLIDATION GORAKHPUR

JUDGEMENT

(1.) BINOD Kumar Roy, J. The petitioner prays to quash the appellate order dated 6-5-1985 passed by the Settlement Officer (Consolidation), Gorakhpur in Appeal No. 511 (as contained in Annexure 1) and the revisional order, dated 23-1-1986 passed by the Deputy Director of Consolidation, Gorakhpur, rejecting her Revision No. 1200/25 (copy appended as Annexure II ).

(2.) MR. M. D. Misra, learned counsel appearing on behalf of the petitioner submitted that the land which has been allotted to respondent No. 3 formed part of the land within the boundary walls of the petitioner.

(3.) IN my view justice requires remittance of this case to ascertain as to whether there was a boundary wall before commencement of the consolidation proceedings encircling the land which has been allotted in the Chak of respondent No. 3 as a finding was required to have been recorded on the basis of positive evidence adduced by the parties. If it is a fact that the land, which has been allotted in the chak of respondent No. 3, was really encircled by a boundary wall of the petitioner in that event it should not have been so allotted. It goes without saying that if the boundary wall has been constructed after the commencement of the consolidation proceedings and without obtaining necessary permission in that event the petitioner will not be entitled to any equity.