GHANSHYAM GIRI Vs. D D C

JUDGEMENT

(1.) HEARD Sri Krishnanand Yadav, for the petitioners and Sri Namwar Singh, assisted by Sheeba Jose, for respondent -4.

(2.) THIS writ petition has been filed against the order of Deputy Director of Consolidation dated 06.10.2005, allowing revision of respondent -4 and setting aside order of Assistant Settlement Officer Consolidation dated 18.09.2002 and reinstating order of Consolidation Officer dated 29.12.1986, in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) THE dispute between the parties relates to plots 1992 (area 0.24 acre), 1994 (area 0.10 acre), 1999 (area 0.25 acre), 2152/1 (area 0.12 acre), 2154 (area 0.38 acre), 2182 (area 0.57 acre), 2184 (area 0.18 acre),of village Mithaura, tappa Khas, pargana Tilpur, district Mahrajganj, which was recorded in the name of Babu Shamual Prabhu Charan Das son of Jan Das, in basic consolidation year khata 202, along with other plots. Ram Samujh Giri (father of the petitioners) filed a time barred objection under Section 9 -A of the Act, for recording his name, over the aforesaid plots. It has been stated in the objection that land in dispute was his ancestral property. The objector was having his house over an area of 0.10 acre of plot 1994. The name of Babu Shamual Prabhu Charan Das has been wrongly recorded over it. The objector was out of village for some time in connection with earning his livelihood as such could not know about unauthorized entry of the name of Babu Shamual Prabhu Charan Das over it. On coming to know about it, objection was filed along with delay condonation application.