KAMESHWAR Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) ASHOK Bhushan, J. Heard Sri A. P. Tiwari, learned counsel for the petitioners and Sri R. C. Singh, learned counsel appearing for the contesting re spondents,

(2.) BY this writ petition, the petitioners have prayed for quashing the order dated 26th December, 2007 passed by the Deputy Director of Consolidation in Revision No. 5/390/468/537/81, Revision No. 6/642/791 of 2005 and the order dated 11lh February, 1981 passed by the Settlement Officer of Consolidation as well as the order dated 10th April, 2006 passed by the Consolidation Officer.

(3.) SRI R. C. Singh, learned counsel appearing for the contesting respondents, refuting the submission of counsel for the petitioners, contends that the order of Settlement Officer of Consolidation was passed on consent given by petitioners' father and it was not open for the petitioners' father to file a revision or challenge the amendment made by the Settlement Officer of Consolidation. He contends that in the revision filed against the order dated 11lh February, 1981 even the consent was not challenged. Learned counsel submits that petitioners' father having once given consent for modification of his chak, it was not open for him to challenge the said consent. Reliance has been place on the judgment of this Court reported in 1999 (90) R. D. 212, Som Datta v. Deputy Director of Consolida tion, Saharanpur, and the judgment of the Apex Court reported in A. I. R. 1982 S. C. 1249; State of Maharashtra v. Ramdas Shrinivas Nayak and others, and AIR 2003 SC 2418, Roop Kumarv. Mohan Thedani.