DINESH KUMAR Vs. ASSTT DIRECTOR OF CONSOLIDATION AGRA

JUDGEMENT

(1.) THE real focus of challenge in the instant petition is on the order dated 10.6.1999 passed by Asstt. Consolidation Commissioner, Agra whereby order dated 28.10.1989 passed by Asstt. Consolidation Officer in case No. 5492 under Section 9 of the U.P.Z.A. and L.R. Act Dinesh Kumar v. State of U. P., was set aside.

(2.) BEFORE delving into the merit of the case, this Court feels called to delve into the aspect how the petitioner employed every device and tactic to ward off the final hearing and how the counsel permitted himself to be over-persuaded for the cause of his client.

(3.) HAVING bestowed my anxious consideration to the submissions advanced across the bar, what would crystallize is that the name of opposite party No. 3, he being the adopted son of Subedar, came to be mutated in place of Sri Subedar in Khata No. 684 which consisted of four plots including plot No. 2184 vide order dated 20.3.1995 as would be clear from C.H. Form No. 23 and hence appeal was rightly filed by the opposite party No. 3 after gaining knowledge of the order dated 28.10.1989 passed by Asstt. Consolidation Officer which was incorporated on 29.8.1995 in revenue record. From the materials on record, it is fully established that name of Subedar son of Karan Singh was duly recorded and there is no indicium on record to prop up the fact that the correct name of petitioner, i.e., Dinesh son of Ramesh Chandra is wrongly recorded as Subedar son of Karan Singh in the Khata aforesaid. By all reckoning, the order was a wholly illegal order and it was obtained by Dinesh Chand in his favour behind the back of Subedar or his heirs without any valid grouting and in this view of the matter, the Deputy Director Consolidation rightly set aside the said order dated 28.10.1989.