JAI SHREE Vs. CONSOLIDATION OFFICER, BADALAPUR, JAUNPUR

JUDGEMENT

(1.) Heard Sri S.C. Tripathi, for the petitioner.

(2.) The writ petition has been filed for following relieves:-

(3.) Khata 18 of village Kamsin, tahsil Machhalishahar, district Jaunpur was recorded in the name of the petitioner, in basic consolidation year. Indrajeet (respondent-3) filed an objection (registered as Case Nos. 270 to 274) under Section 9-A of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act), claiming co-tenancy of 1/2 share along with the petitioner. Consolidation Officer, by order dated 15.12.1998, allowed the objection of respondent-3 and directed for recording his name as co-tenant of 1/2 share. The petitioner filed an appeal (registered as Appeal no. 2178) under Section 11 (1) of the Act, from the aforesaid order, which was dismissed in default by order dated 19.05.2011. The petitioner filed an application for recall of the order dated 19.05.2011 and restoration of the appeal, which is pending.