BIPIN KUMAR PANDEY Vs. D D C

JUDGEMENT

(1.) HEARD Sri A.P. Tewari, for the petitioners and Sri R.C. Singh, for the contesting respondents.

(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation dated 12.11.1999 passed in proceeding under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) THE dispute relates to chak 198 of village Lakshmipur, tappa Rajdhani, pargana Haweli, district Gorakhpur, which was carved out in the name of Dinesh Kumar Pandey (respondent -7). On the basis of four sale deeds dated 07.06.1994 and 12.07.1994 executed by Dinesh Kumar Pandey in favour of Smt. Kusum Pandey, Km. Shalini Pandey, Dhiresh Kumar and Deependra Kumar (respondents -2 to 5), the applications (registered as Case Nos. 268, 269, 270 and 271) under Section 12 of the Act, were filed for mutation of the names of transferees. Assistant Consolidation Officer, by order dated 19.11.1994 decided the cases in terms of compromise and directed for mutation of the names of the transferees over the chak in dispute. The petitioners filed an appeal (registered as Appeal No. 2847) from the aforesaid orders. Settlement Officer Consolidation by order dated 11.08.1999, allowed the appeals and remanded the cases to Consolidation Officer to decide afresh, after giving opportunity of evidence/ hearing to the parties. Smt. Kusum Pandey and others (respondents -2 to 5) filed a revision (registered as Revision No. 2881 of 1999) from the aforesaid order, which was allowed by Deputy Director of Consolidation, by order dated 12.11.1999 and order of Settlement Officer Consolidation dated 11.08.1999 was set aside and orders of Assistant Consolidation Officer, dated 19.11.1994 were affirmed. Hence this writ petition has been filed.