GRAM PANCHAYAT (GAON SABHA) SONAHULI AND OTHERS Vs. DEPUTY DIRECTOR OF CONSOLIDATION, VARANASI AND OTHERS

JUDGEMENT

(1.) Heard Counsel for the petitioners and learned Advocate who appeared for the private respondents.

(2.) Challenge in this petition is the judgment of the Deputy Director of Consolidation dated 19.1.2004 (Annexure No. 1 to the writ petition) by which the revision filed by the opposite party has been allowed.

(3.) Submission of the learned Counsel for the petitioners is that property was recorded in 1359 fasli as pokhari, kabristan and abadi which was got recorded by the opposite party in his name in a collusive decree which is said have been passed in a suit under Sec. 229-B of the U.P.Z.A. and L.R. Act and, therefore, name of the opposite party is liable to be expunged, which in fact was directed by the Consolidation Officer by order dated 15.1.1982. Submission is that ultimately the Settlement Officer, Consolidation on filing the appeal by the petitioners on 9.8.2002 allowed their appeal and set aside the order of the Consolidation Officer and remanded the matter back to the Trial Court on the merits after giving opportunity to both sides which has been wrongly interfered by the Deputy Director of Consolidation, which cannot be said to he in the ends of justice.