BIPIN KUMAR Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sri Onkar Nath Tiwari, learned counsel for the petitioners, Sri Vinay Bhushan, learned Additional Chief Standing Counsel for opposite parties no. 1 to 3, Sri D.N. Tripathi, learned counsel for opposite parties no. 4 and 5 and perused the record.

(2.) CONTROVERSY in the present case relates to plot no. 12/2 situate at village/ Post Sarangpur old Kaundha Pargana - Amsin, Tehsil and District Faizabad . At the time of started consolidation proceedings , an objection was filed by the persons including the petitioners for carvetion of chak before the consolidation officer, who after taking into consideration the objections, has passed an order dated 31.1.1990 . Aggrieved by the said order, an appeal no. 2156 under Section 21(1) of the U.P. Consolidation and Holdings Act has been filed before the Settlement Officer Consolidation, Faizabad which was decided by order dated 8.9.1999 . Subsequently the said order was challenged by filing Revision No. 939 , rejected by order dated 8.10.2007 and remanded the matter to Settlement Officer Consolidation to decide afresh.

(3.) IN view of the said fact, when the matter has came up before the Settlement Officer Consolidation , an order for inspection has been passed and a report has been called for in respect to status quo of the land in dispute in pursuance of which Assistant Consolidation Officer after making a spot inspection submitted a report dated 20.8.1999 and taking into consideration the said report, Settlement Officer Consolidation, Faizabad passed an order dated 8.9.1999 thereby dismissing the appeal holding therein that trees which are planted on the land in dispute are more than five years old , so the valuation which has been taken up by the Consolidation Officer while carving out the chaks is perfectly valid as the trees which are planted on the land in dispute are after passing of the judgment of Consolidation Officer so no irregularity has been done by the Consolidation Officer in fixing the valuation while carving out the chak . The order dated 8.9.1999 has been challenged by the petitioner by filing revision, dismissed by order dated 8.10.2007 passed by opposite party no.1/ Deputy Director of Consolidation , Faziabad. Thereafter a review petition has been filed which was also dismissed by order dated 20.10.2011 holding that once the revision has been decided by an order dated 8.10.2007, no review is maintainable. In view of the said factual background, present writ petition has been filed.