DURYODHAN Vs. COLLECTOR/D D C BASTI

JUDGEMENT

(1.) Heard Sri R.N.S. Yaday and Sri H.D. Verma, for the petitioners and Sri Jokhan Prasad, for respondent-2. With the consent of the parties writ petition is decided finally.

(2.) The writ petition has been filed against the order of Deputy Director of Consolidation dated 23.01.2015 allowing the revision of respondent-2 and setting aside the order of Consolidation Officer dated 10.09.2013, by which amendment application filed by the petitioners for amending their written statement was allowed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) The dispute relates to basic consolidation year khata 14 of village Paraspur alias Dubauli, tappa Ganeshpur, pargana Nagar Purab, district Basti. In basic consolidation year, khata in dispute was recorded in the names of the petitioners and respondent-2. Paltu (respondent-2) filed a time barred objection (registered as TB Case No. 78) under Section 9-A of the Act, for deleting the names of the petitioners from khata in dispute. The Consolidation Officer by order dated 22.12.2010 dismissed the objection of respondent-2 as time barred. Respondent-2 filed an appeal (registered as Appeal No. 956). There was another appeal of respondent-2 i.e. Appeal No. 406 from the order of Consolidation Officer dated 30.12.1995. Both the appeals were consolidated and allowed by Settlement Officer Consolidation, by order dated 15.06.2012 and orders of Consolidation Officer dated 30.12.1995 and 22.10.2010 were set aside and the matters were remanded to Consolidation Officer for deciding on merit after giving opportunity of evidence/hearing to the parties. The petitioners filed a revision (registered as Revision No. 2652 of 2010). However, as interim order was not granted in aforesaid revision as such the proceedings before Consolidation Officer was started, in pursuance of the remand order.