LACHHAMAN Vs. DEPUTY DIRECTOR OF CONSOLIDATION, BULANDSHAHAR

JUDGEMENT

(1.) Heard Sri S.P. Singh for the petitioners. The writ petition has been filed against the order of Deputy Director of Consolidation dated 27.6.2016 by which objection of the petitioners regarding maintainability of revision filed by Ramji Lal, has been rejected.

(2.) The dispute between the parties was in respect of plot no.203, area 1.245 hectare of village Janipur Khurd, pargana and tehsil Sikarpur, district Bulandshahar. By order of Settlement Officer, Consolidation dated 3.9.2009, the petitioners were given right over the land in dispute under Sec. 122B(4-F) of U.P. Act No.1 of 1951. An application for recall of the aforesaid order was filed by Ramji Lal on 21.1.2010. The Settlement Officer, Consolidation by order dated 1.8.2011 rejected the application. In the meantime, State of U.P. and Gaon Sabha challenged the aforesaid order of Settlement Officer, Consolidation in Revision No.350 of 2011. In this revision Ramji Lal filed an application for his impleadment, which was rejected by Deputy Director of Consolidation by order dated 30.7.2012. Thereafter, revision was heard by Deputy Director of Consolidation, who by order dated 18.12.2012 dismissed the revision on the ground of limitation. The petitioners took proceeding under Rule 109A of U.P. Consolidation of Holdings Rule, 1954(hereinafter referred to as "the Rules") and Consolidation Officer by order dated 25.8.2013 giving effect to the order of Settlement Officer, Consolidation directed for recording the names of the petitioners in the consolidation record. Accordingly, khatauni was also prepared in favour of the petitioners. Ramji Lal thereafter filed a second restoration application on 22.10.2013 before Settlement Officer, Consolidation, which was dismissed by Settlement Officer, Consolidation by order dated 26.3.2015. Ramji Lal filed a revision (registered as Revision No.314 of 2015), which was entertained by Deputy Director of Consolidation. The petitioners came to know about the revision, filed a detailed objection on its maintainability, on 15.4.2015. In the meantime State of U.P. filed an application for recall of the order dated 18.12.2012.Deputy Director of Consolidation heard the application of State of U.P. and by order dated 19.6.2015 recalled the order dated 18.12.2012. The petitioners challenged the order dated 19.6.2015 in Writ B No.35934 of 2015. In this writ petition Ramji Lal filed an application for his impleadment. The impleadment application was not allowed. However, counsel for Ramji Lal was given permission to argue the case as objector under Chapter 22 Rule 5 of Allahabad High Court Rules. After hearing the parties by order dated 28.7.2010, allowed the writ petition, set aside the order of Deputy Director of Consolidation dated 19.6.2015 and remanded the matter to Deputy Director of Consolidation to decide the recall application afresh in accordance with law. Deputy Director of Consolidation after remand by order dated 17.3.2016 dismissed the recall application filed by State of U.P. and Gaon Sabha.

(3.) So far as knowledge of the petitioners is concerned, order dated 17.3.2016 has not been challenged either by State of U.P. or by Gaon Sabha. In the meantime revision of Ramji Lal was dismissed in default on 11.1.2016. Ramji Lal filed an application for recall of the order dated 11.1.2016 on 21.1.2016, which was allowed by Deputy Director of Consolidation on the same day. Thereafter petitioners filed a fresh objection on 19.5.2016 regarding maintainability of the revision filed by Ramji Lal. The objection of the petitioners has been rejected by Deputy Director of Consolidation without considering various grounds raised by the petitioners in it, only on the ground that it is principle of natural justice that order be passed after hearing the parties he rejected the application of the petitioners by order dated 27.6.2016. Thereafter Deputy Director of Consolidation fixed 25.7.2016 for arguments in the revision.