DULAREY Vs. DEPUTY DIRECTOR OF CONSOLIDATION BASTI

JUDGEMENT

(1.) This writ petition is directed against the order of the Deputy Director of Consolidation dated 12.2.1976 deciding the preliminary objection raised on behalf of the petitioner regarding the Jurisdiction of the Consolidation Authorities to decide the validity of the sale deed.

(2.) The dispute is in respect of the land as recorded in Khata Nos. 176/2 and 177/2 of basic year Khatauni. In the basic year Khataunt during the consolidation proceedings the name of Mst. Patiraji was recorded. The petitioner filed objection that she had executed a registered sale deed in his favour on 14 March. 1966 and his name should be recorded in the revenue records. He prayed that the name of Mst. Patiraji, respondent No. 4 be expunged. Respondent No. 4 submitted a reply to the said objection. She stated that the petitioner is closely related. He is her husband's sister's husband. She never executed any sale deed. Her thumb impressions were taken on blank papers for mutation purposes and on such blank papers the sale deed was got prepared. Her entire land is said to have been sold by the said sale deed. She never received any sale consideration from the petitioner.

(3.) The parties led evidence in the case. The Consolidation Officer recorded a finding that respondent No. 4 did not execute the sale deed as alleged by the petitioner. Respondent No. 4 is an illiterate widow and merely she put her thumb impression on documents. Itself does not establish that she had executed the sale deed. The alleged sale deed was not binding upon her. The petitioner filed appeal against the said order. The appeal was dismissed by the Settlement Officer Consolidation by his order, dated 22.2.1975. The petitioner filed revision against this order. In the revision he himself raised a preliminary objection that the Consolidation Officer and Settlement Officer Consolidation had no jurisdiction to consider regarding the validity of the sale deed. This objection of the petitioner has been rejected by the impugned order dated 12.2.1976 passed by the Deputy Director of Consolidation, respondent No. 1.