RAM MURAT RAI Vs. DEPUTY DIRECTOR OF CONSLIDATION

JUDGEMENT

(1.) This writ petition has been filed by Ram Murat Rai and others challenging the order passed by the Deputy Director of Consolidation dated 19.08.1982 (Annexure - 8 to the writ petition) by means of which the Deputy Director of Consolidation has remanded the matter to the Consolidation Officer to hear again and decide on merits the claim set up by the petitioners.

(2.) The facts relevant for decision of the controversy are that the objections were filed under Sec. 9-A of the Consolidation of Holdings Act by Ram Murat and others, the petitioners herein, claiming the title over the land belonging to Ram Lagan, Prabhunath, Kalpnath, Suryanath and Smt. Shyam Raji who were the recorded tenure holders over the plots of Khata No. 153, 155, 32 and 60. The petitioners were recorded as class - 9 occupants i.e. unauthorized occupants over the plots of Khata Nos. 153, 155 and 3 One Raghunath was recorded as class - 9 occupant over the plots of Khata No. 60. Ten cases in all were registered pursuant to the filing of these objections.

(3.) The objections were decided by the Consolidation Officer with respect to all the plots of these four Khatas together by treating the Case No. 6164 of 1973 relating to Raghunath as the leading case. The Consolidation Officer in his order dated 30.11.1973 allowed the objections of the petitioners but dismissed the objections filed by Raghunath and expunged the names of recorded tenure holders Ram Lagan and others from the main column.