RIYAZUDDIN Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri Mohiuddin Khan, learned counsel for the petitioner, learned Standing counsel on behalf of respondent Nos. 1 and 2 and Sri Mohan Singh for respondent No. 3.

(2.) It has been submitted on behalf of the petitioner that he is the recorded tenure-holder of gata No. 211 situated at Village Lohramau, Pargana Meeranpur, Tehsil Sadar, District Sultanpur. Previously, the land was recorded in the name of late Liyakat Husain, the father of the petitioner, who has got demarcation of the said land done and also moved an application for demarcation and report in this regard was submitted on 9/5/1994 and it seems that the application was rejected and the petitioner being minor was not aware of the said proceedings and it is after death of his father that the petitioner on attaining the age of majority had moved appropriate application for referring his dispute under Sec. 48 (3) of U.P.C.H. Act for correction of the map, where according to the petitioner, there was a shortage in gata Nos. 211 and 220.

(3.) Accordingly, the said dispute was referred to Deputy Director of Consolidation, who rejected the application of the petitioner by means of order dtd. 10/10/2019. While rejecting the said application he had observed that the reference has been made after issuance of notification under Sec. 52 of U.P.C.H. Act and therefore, the said reference was not maintainable and after recording the same he proceeded to consider the various reports which were on record and declined to interfere in the matter and rejected his application.