MOTI Vs. DY DIRECTOR OF CONSOLIDATION, VARANASI

JUDGEMENT

(1.) Heard Sri Ram Niwas Singh, for the petitioner and Sri Namwar Singh, for respondents-4 to 8 and Sri A.K. Singh, for respondent-16.

(2.) The writ petition has been filed against the orders of Consolidation Officer dated 14.08.2012, Settlement Officer Consolidation dated 12.11.2013 and Deputy Director of Consolidation dated 31.03.2015 passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) The dispute relates to land of basic consolidation year khata 154 (consisting plots 299, 309, 312, 314, 315, 317, 318 and 319) (total area 2.73 acre) of village Parmanandpur, pargana Shivpur, district Varanasi. In basic consolation year, khata in dispute was recorded in the names of Moti (the petitioner), Shyam Lal, Ram Lal, Shiv Murat, Dashrath, Punwasi sons of Bulli (now respondents-4 to 8). Initially the matter was compromised before Assistant Consolidation Officer, between the recorded tenure holders and their share in the disputed land was decided, by order dated 01.04.1994. The petitioner filed an appeal from the aforesaid order, which was dismissed, by order dated 19.07.1996. Then the petitioner filed a revision, which was allowed by Deputy Director of Consolidation by order dated 17.01.1998 and order of Assistant Consolidation Officer dated 01.04.1994 was set aside and the matter was remanded to Consolidation Officer for deciding the case afresh on merit after giving opportunity of hearing to the parties.