LAWS(ALL)-2005-7-75

RAM SINGH Vs. DY DIRECTOR OF CONSOLIDATION MEERUT

Decided On July 19, 2005
RAM SINGH Appellant
V/S
DY DIRECTOR OF CONSOLIDATION MEERUT Respondents

JUDGEMENT

(1.) KRISHNA Murari, J. Heard Sri K. R. Sirohi learned Counsel for the petitioner and Sri Gulab Chandra appearing for the respondent No. 4.

(2.) THE dispute in the present writ petition relates to plot No. 500. During consolidation proceedings the objection filed by respondent No. 4 and his brother, Rajveer Singh claiming co-tenancy right was dismissed by the Consolidation Officer. THE appeal was well as revision filed by them was also rejected. THE Deputy Director of Consolidation, while dismissing the revision vide order dated 26-7-1971, remanded the case back to Consolidation Officer to consider their claim on the basis of adverse possession with respect to plot No. 114/1, 477 and 500. After remand the Consolidation Officer vide order dated 13-11-1972 dismissed their claim with regard to plot Nos. 447 and 114/1. However, with regard to plot No. 500 the contesting respondent No. 4 was declared to have perfected Sirdari rights on the basis of adverse possession. Against the said order of Consolidation Officer two appeals were filed; one by respondent No. 4 and his brother Rajveer Singh rejecting their claim with regard to plot No. 114/1, 447 and the other by the petitioner allowing the claim of respondent No. 4 on plot No. 500. THE Settlement Officer Consolidation consolidated both the appeals and dismissed them vide judgment dated 21-9-1973. Again two revisions were filed which were dismissed by the Deputy Director of Consolidation by a common order dated 11-7-1974. Feeling aggrieved only the petitioner has approached this Court by way of filing instant writ petition. THE respondent No. 4 and his brother Rajveer Singh having succumbed to the order of consolidation authorities the same has become final against them, in so far as plot Nos. 114/1 and 447 are concerned. Now the dispute in the present writ petition is confirmed only to plot No. 500.

(3.) I have considered the contention advanced on behalf of rival parties and carefully perused the record.