SUNDER PALA Vs. SHAMBHU SINGH AND OTHERS

JUDGEMENT

(1.) Srimati Sunder Pal a has filed this petition under Art. 236 of the Constitution praying for a writ of certiorari quashing the order of the Deputy Director of Consolidation and the Settlement Officer Consolidation. She also prays for a writ of mandamus directed against these two officers to decide the case in accordance with law.

(2.) In the petition, I have heard the learned counsel for the parties.

(3.) The facts of the case are not given completely in the writ petition and I have to take some of them from the counter affidavit. It appears that one Debi Bux Singh who was the recorded tenure-holder of the khatas Nos. 25, 27 and 28 in village Khakherwa, Pargana Samrausa. Tahsil Maharaigani. District Rae Bareli, died on June 5. 1961. Thereupon, the name of Shambhu Singh and opposite party No. 2 was recorded in respect of khata No. 27 by order dated Aug. 24, 1961. In respect of khatas Nos. 25 and 28 the names of the same persons were recorded by orders dated June 20, 1961 and July 7, 1961 respectively. These orders were passed in proceedings under Sec. 9 of the Consolidation of Holdings Act. Subsequently separate chaks were framed in the names of opposite parties Nos. 1 and 2 in respect of their half share in khatas Nos. 25, 27 and 28 and final allotments of chaks were made. It was after this that Smt. Sunder Pala filed an objection on Aug. 21, 1962 before the Settlement Officer (Consolidation). Papers were forwarded to the Consolidation Officer who rejected the objection on April 11, 1963. The petitioner filed a revision on April 11, 1963. The petitioner filed a revision and by order dated Aug. 24, 1963 the case was remanded to the Consolidation Officer for decision. Thereafter the objections were dismissed by the Consolidation Officer on June 16, 1964. A little before that, on May 23, 1964, the village was de-notified under Sec. 52 of the U.P. Consolidation of Holdings Act. The petitioner filed an appeal against the order dated June 16, 1964. The appeal was dismissed by order dated July 31, 1964. The petitioner preferred a revision which has been rejected. It is this order of the Settlement Officer (Consolidation), copy annexure 3 and the order of the Deputy Director of Consolidation dated Dec. 2, 1964 that are impugned before me.