RAGHU NATH SINGH Vs. D D C

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the learned Standing Counsel. Nobody is present on behalf of the respondent nos. 2 to 4 even in the revised call of the cause list.

(2.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the order dated 25.10.1979 passed by the Joint Director of Consolidation, Kanpur in Revision No. 170 filed under Section 48 of U.P. Consolidation of Holding Act, 1953, whereby the revision filed by the respondent nos. 2 to 4 was allowed and the matter was remanded to the Consolidation Officer for deciding the claim of the parties afresh in accordance with law.

(3.) The facts as reflected from the record are that the disputed land of Chak Nos. 310 and 248 situated at village Atiya Rampur Pargana Derapur, District Kanpur was recorded in the name of Maiku Singh son of Dhokal Singh in the basic year. It is alleged by the petitioner that Maiku Singh died issueless on 31.10.1978 and they are his nephews (sons of Babu Ram, the brother of Maiku Singh). Subsequently, the petitioners applied for mutation before the Assistant Consolidation Officer for mutating their names over the land in question. The proclamation was issued by the Assistant Consolidation Officer on 13.11.1978 and it was published in the village concerned by beat of drum by posting it near the land in question. The said publication of proclamation was made on the same day i.e. on 13.11.1978. Subsequently, the statement of Pradhan, member of the Gram Panchayat and the petitioner no.1 were recorded on 15.12.1978 and nobody came forward to object the mutation.