SABHA SUNDER Vs. DY DIRECTOR OF CONSOLIDATION SIDDHARTHNAGAR

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 14.11.2005, passed by Deputy Director of Consolidation, Siddharth Nagar rejecting Reference No. 102 under Section 48(3) of the U.P. Consolidation of Holdings Act dated 4.3.2005 on application of petitioners.

(2.) ON the date of admission of the case, learned Counsel for petitioners, on the basis of instructions received from petitioners, urged that there is no record of Case No. 4315 decided on 3.12.1982 and entry made in the C.H. Form 23 is forged as no such proceeding was ever pending or prosecuted between the parties in Case No. 4315 decided on 3.12.1982, 1133 or 1144 decided on 22.10.1974. Learned Counsel for petitioners referred to finding in the order of Deputy Director of Consolidation that after twenty years of notification under Section 52(1) of the U.P. Consolidation of Holdings Act, proceeding on application of petitioner to expunge entry in revenue record could not be made and correction, if any, could only be made by the Revenue court under Sections 33/39 of the U.P. Land Revenue Act.

(3.) LEARNED Counsel for Opp. Party Nos. 2 and 3 urged that all these records were available in the Record Room of Collectorate, Basti. He filed an affidavit in support of application for recall of the order dated 12.1.2006 alongwith certified copy of order passed by Deputy Director of Consolidation. Learned Counsel for Opp. Party Nos. 2 and 3 further urged that in compliance to the order dated 12.1.2006, passed by this Court, entry made in the names of Opp. Parties were expunged and possession was also handed over to petitioners on 8.2.2006. After receiving certified copy of the order, learned Counsel for petitioners prayed for summoning the original record. This Court by an order dated 10th April, 2006 directed petitioners to deposit Rs. 10,000/ - by 17th April, 2006 and a direction was issued to Deputy Director of Consolidation, Siddharth Nagar to take steps to get the relevant records from the concerned Record Room to make available to this Court on 19th May, 2006. On 19th May, 2006, Sri Harendra Singh, Consolidation Officer, Siddharth Nagar authorized by Deputy Director of Consolidation, Siddharth Nagar appeared before the Court alongwith the original record of C.H. Form Nos. 23 and 45 only. He prayed for and granted three days' time to collect relevant records from Collectorate, Basti. Today, he brought the entire record and produced the same before this Court.