SUKHUWA Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) By way of this writ petition, petitioner challenges the orders dated 8.10,1997 and 5.7.1997, passed by the Deputy Director of Consolidation, Fatehpur (Annexures-1 and 6 to the writ petition) and the order dated 30th September, 1993, passed by the Settlement Officer, Consolidation, Fatehpur Sadar, Annexure-3 to the writ petition.

(2.) Inspite of repeated orders passed by this Court, no counter affidavit has been filed by any of the party, though by an order dated 12th July, 2004, three weeks and no more time was granted to file counter affidavit, and as such in view of the law laid down by the Apex Court in a judgment reported In AIR1973 SC 627 , (1973) 4 SCC94 , Controller. Court of Ward, Kolhapur and Anr. v. G.N. Ghorpade and Ors., the facts stated in the writ petition shall be treated as undisputed facts.

(3.) In view of the above, undisputed brief facts of the case are as below:-The dispute relates to Plot No. 4224, area 1 Bigha 4 Biswa situated in Village Rampur Thairaon, Pargana Haswa, Tehsil and District Fatehpur. This land was allotted to the petitioner through a Patta in a proceedings initiated by the Land Management Committee in accordance with law about 25 years back. This allotment was never challenged by any person and petitioner was recorded in revenue records as a tenure holder since 1380 Fasali. Consolidation proceeding started by notification under Section 4 of the U.P. Consolidation of Holdings Act in the year 1983. As petitioner was a recorded tenure holder in the Basic year and no objection claiming any rights by anybody was filed in the consolidation proceeding also, this entry became final and land in dispute was allotted in the Chak of the petitioner in the allotment proceeding.