ZAHRUDDIN Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Heard Sri Pradeep Verma, for the petitioner and Sri Gajendra Pratap, Senior Advocate, assisted by Sri Arvind Kumar Kushwaha, for respondent -3. This writ petition has been filed against the order of Deputy Director of Consolidation dated 14.7.2014, passed in proceeding under Sec. 9 -A(2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(2.) The dispute pertains to the land recorded in basic consolidation year khata 141 (consisting of plots 16/684 (area 0 -1 -0 bigha), 17 (area 1 -13 -0 bigha), 25 -kha (area 0 -5 -0 bigha), 34 (area 0 -2 -0 bigha), 146 (area 0 -5 -0 bigha), 148 -kha (area 0 -3 -0 bigha), 149 (area 0 -3 -0 bigha), 160 (area 1 -0 -0 bigha), 161 -kha (area 0 -11 -0 bigha), 162 (area 1 -0 -0 bigha), 212 -kha (area 1 -16 -0 bigha), 220 -kha (area 0 -2 -0 bigha), 222 (area 0 -3 -0 bigha), 223 (area 0 -3 -0 bigha), 224 (area 0 -3 -0 bigha), 230 -ka (area 0 -2 -0 bigha), 321 -kha (area 0 -14 -0 bigha), 328 -cha (area 0 -4 -0 bigha), 329 (area 6 -3 -0 bigha), 340 -ka (area 0 -10 -0 bigha), 368 -ka (area 6 -2 -0 bigha), 371 (area 0 -8 -0 bigha), 386 (area 1 -4 -0 bigha), 400 -ka (area 0 -11 -0 bigha), 436 -ga (area 0 -5 -0 bigha), 437 -kha (area 0 -2 -0 bigha), 443 -k (area 0 -10 -0 bigha), 444 -kha (area 0 -10 -0 bigha), total 28 plots (area 24 -15 -0 bigha), of village Raipura, tahsil Robertsganj, district Sonebhadra, which were recorded in basic consolidation year in the name of Smt. Gangi, widow of Ram Surat. During portal following disputes amongst other were noted in CH Form -4: - -

(3.) All the cases were consolidated and tried by Consolidation Officer. Consolidation Officer issued notices to the parties on 30.10.1991, fixing 11.11.1991. The cases were adjourned on 11.11.1991, 19.11.1991, 29.11.1991, 10.12.1991, 13.12.1991. On 18.12.1991, the parties took time for filing compromise and 20.12.1991 was fixed. On 20.12.1991, none of the parties or their Counsel appeared and Consolidation Officer decided all the cases ex parte. Thereafter, Parwati filed an application dated 20.12.1991 for recall of the order, which was allowed on 20.12.1991. On the application the word "swikrit" has been written. On the order sheet "Restoration application filed by Parwati is allowed. Put up on 30.12.1991 for evidence of the plaintiff" has been written. Amarawati put appearance before Consolidation Officer 12.3.1992. From the order sheet of Consolidation Officer, it appears that Amarawati attended the Court on the date fixed in the case up to 12.12.2002. On 24.12.2002, statement of Parwati was recorded and on 5.5.2003, statement of her witness, Hanuman was recorded. On 26.10.2004, Amarawati was given last opportunity to adduce her evidence. On 25.9.2006, order dated 13.12.1991 passed in Case Nos. 1333 and 1334 were recalled and these cases were also consolidated with Case No. 124 and 4.11.2006 was fixed for framing issues.