UDAI PRATAP AND OTHERS Vs. APPAR ZILA ADHIKARI (VIT AND RAJESHWA) UP SANCHALAK CONSOLIDATION, DEORIA AND OTHERS

JUDGEMENT

(1.) Heard Sri T.N. Tiwari, learned Counsel for the petitioners and learned Standing Counsel for respondent Nos. 1 and 2.

(2.) Though the case has been called 'out in the revised list but no one has appeared on behalf of Gaon Sabha respondent No. 3.

(3.) During consolidation proceedings, by mistake the valuation of the petitioner's plot No. 417 area 29 acres was not included in their chak. An application under Sec. 42-A of the Land Revenue Act (for short 'the Act') for correction of the mistake was moved by the petitioners on which the Consolidation Officer called for a report. The Assistant Consolidation submitted a report to the effect that the valuation has not been included in the chak of the petitioners by mistake. In spite of service of notice on the Gaon Sabha the claim of the petitioners was not contested by it. However, the Consolidation Officer vide order dated 9.8.1975 dismissed the application filed by the petitioners against which revision was filed before the Deputy Director of Consolidation. Considering the report submitted by Assistant Consolidation Officer, the Deputy Director of Consolidation vide order dated 22.6.1982 allowed the application and directed that in lieu of plot No. 417 area .29 acres petitioners be provided a chak on plot No. 755 area .21 acres. This order of the Deputy Director of Consolidation was given effect to through proceeding under Rule 109-A of U.P. Consolidation of Holding Rules, 1954 on 29.6.1983. After six years of passing of the order by the Deputy Director of Consolidation, a highly belated restoration application was filed by Gaon Sabha which came to be dismissed for non-prosecution on 21.3.1990. Another application was filed by the Gaon Sabha for recalling the order dated 21.3.1990 was also dismissed on 5.2.1993. After gap of six years, another application was moved by respondent No. 3 before the Deputy Director of Consolidation challenging the entry made in favour of the petitioners on 29.6.1983 on the basis of the order of the Deputy Director of Consolidation dated 22.6.1982. A perusal of the of the said application which has been filed as Annexure-6 to the writ petition, goes to show that earlier order passed by the Deputy Director of Consolidation was not sought to be recalled but only entries made in favour of the petitioners on the basis of the said order has been sought to be expunged. The Deputy Director of Consolidation called for a report which was submitted by the Consolidation Officer on 25.9.1999 and on the basis of the same the impugned order dated 10.6.1999 was passed directing to expunge the entry' made in favour- of the petitioners.