SARLA Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Ms. Manjari Singh, learned counsel for the petitioner, Mr. Ram Sajeevan Mishra, learned counsel assisted by Mr. Chandra Bhan Dubey, learned counsel for private respondents and learned Standing Counsel for the State- respondents.

(2.) Brief facts of the case are that plot No. 790 area 16 biswa, 10 Biswansi, plot No. 861 area 3 Biswa, plot No. 909 area 1 Bigha 14 Biswa total area 2 Bigha 13 Biswa, 10 Biswansi were recorded in the name of Girwar son of Medhu, Muleram, Chandpa son of Heera and Shiv Charan (petitioner's father) in the khatauni of 1378-80 fasli. In the basic year khatauni of Khata No. 17, the name of Shiv Charan son of Heera was inducted as cotenancy. Vide order dtd. 22/10/1981, the name of Shiv Charan son of Munshi was deleted and in his place the names of private respondents were recorded as legal heir of deceased Shiv Charan son of Munshi. Petitioner along with her mother filed an appeal on 3/8/2016 along with application for condonation of delay of 35 years before Settlement Officer of Consolidation under Sec. 11 (1) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "U.P.C.H. Act"). Settlement Officer of Consolidation vide order dtd. 12/6/2017 dismissed the petitioner's appeal on the ground of limitation as well as maintainability. Against the appellate order dtd. 12/6/2017, revision under Sec. 48 of U.P.C.H. Act was filed by the petitioner only as petitioner's mother has expired. The aforementioned revision was decided by the Deputy Director of Consolidation dismissing the petitioner's revision vide order dtd. 8/11/2017, hence this writ petition for the following reliefs:

(3.) This Court entertained the matter on 8/1/2018 and directed the learned counsel for the private respondent to file counter affidavit but no interim protection was granted by this Court. In pursuance of the order dtd. 8/1/2018, the parties have exchanged their affidavits.