MUKHLAL Vs. DEPUTY DIRECTOR OF CONSOLIDATION AND OTHERS

JUDGEMENT

(1.) Heard Sri R.S. Misra. learned Counsel for the petitioner and Sri A.B. Singh appearing for the contesting respondents.

(2.) By means of this writ petition the petitioner has challenged the revisional order dated 14.11.1973 passed by Deputy Director of Consolidation remanding the case back to the Consolidation Officer to decide it afresh after framing an issue with regard to the ownership of a well situate in plot in dispute after affording opportunity of evidence to the parties.

(3.) The dispute between parties relates to plot No. 1895, 1896, 1879 and 1898/ 1. In the basic year the plots in dispute were recorded in the name of respondent No. 2 and 3. An objection was filed by respondent No. 2 and 3 alleging that they were sir-khudkasht holders and after the date of vesting they have become bhumidhar. It was also pleaded that there exists a pucca well on the plot No. 1898/1 which was constructed by their father. The objection was contested by the petitioner on the basis that before the date of vesting his ancestor was occupancy tenant, therefore, the plots in dispute were succeeded by him and after the dale of vesting he has become bhumidhar by depositing 10 times the land revenue. The Consolidation Officer vide order dated 3.8.1972 dismissed the objection filed by the contesting respondents whereas the claim of the petitioner was allowed and he was directed to be recorded as bhumidhar of the land in dispute. Feeling aggrieved the respondents filed an appeal which was also dismissed by the Settlement Officer Consolidation vide order dated 9.2.1973. The contesting respondents went up in revision before the Deputy Director of Consolidation who vide order dated 14.11.1973 allowed the same and remanded the case back to the Consolidation Officer to decide it afresh after framing issue with regard to the ownership of well after fresh evidence by the parties.