RANI CHANDRAWATI Vs. DY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) BY means of this writ petition, the petitioners challenged the order passed by the Asstt. Settlement Officer (Consolidation) dated 31-12- 1974 and the order passed by the Deputy Director of Consolidation dated 24-9-1975.

(2.) THE dispute between the parties is in respect of plots in Khata nos. 4 kha and 5. Brief facts of the case are that in the basic year the name of the respondent no. 4 was recorded over the plots in khata no. 4 kha and that of respondents no. 5 to 8 in khata no. 5, against which an objection was filed by the petitioners on the ground that Chandrika Singh, respondent no. 4 was formerly their servant and he wrongly got his name entered over the plots in dispute and subsequently transferred the plot of khata no. 5 in favour of respondents 5 to 8. It was further stated that though the compromise decree was passed on 13-1-1985 in suit no. 41 filed by Chandrika Singh against the petitioners but the said decree was fraudulent and never acted upon and that the names of the contetsing respondents may be expunged and that of the petitioners be recorded as Bhumidhars thereof.

(3.) BEING aggrieved by the order passed by the Consolidation Officer, both the parties went up in appeal before the Asstt. Settlement Officer (Consolidation), who vide his order dated 31-12-1974 allowed the appeal filed by the contesting respondents while dismissed the appeal filed by the petitioners, ordering the names of the contesting respondents be recorded over the plots in dispute against which the petitioners went up in revision before the Deputy Director of Consolidation, who also dismissed the revision vide his order dated 24-9-1975 upholding the order passed by the Asstt. Settlement Officer (Consolidation).