KEDAR SINGHS Vs. DY DIRECTOR OF CONSOLIDATION SULTANPUR

JUDGEMENT

(1.) By means of this writ petition under Article 226 of the Constitution of India, the quashing of the judgment of the Consolidation Officer dated 20.8.1971. the judgment of the Assistant Settlement Officer. Consolidation dated 4.7.1972, 21.7.1972 and 25.9.1972 and the judgment of the Deputy Director, Consolidation dated 21.2.1975 and 7.6.1973 have been prayed for.

(2.) The dispute relates to Khata No. 120 consisting of several plots situate in village Kaithapur Pargana C hand a, district Sultanpur. During the basic year, the name of the opposite party Nos. 4 and 5. namely, Nand Lal Singh and Dukhi Singh were recorded as Sirdars. Several objections were filed during consolidation operation before the Assistant Consolidation Officer, The original petitioner Nos. 1, 2. 4 and 6 have died and their legal heirs have been substituted. The opposite party Nos. 4 and 5, and several other persons have filed objections before the Assistant Consolidation Officer. The claim of the petitioners with regard to plot Nos. 121, 924. 973. 1053, 1054, 1055, 1138 and 1199. was allowed and it was directed that the names of the opposite party Nos. 4 and 5 be expunged and the names of the petitioners be recorded. This order dated 20.8.1971 passed by the Consolidation Officer was challenged by the petitioners in appeal No. 520. The opposite party Nos. 4 and 5 filed appeal No. 2040. Other aggrieved persons also filed appeal Nos. 1602 and 2110. The petitioners' appeal No. 520 was adjourned from time to time and the last date fixed in the said appeal as 21.8.1973. When the petitioners attended the Court of Settlement Officer, Consolidation on 21.8.1973, they came to know that their appeal was transferred to the office of Assistant Settlement Officer, Consolidation. When the petitioners reached the office of the Assistant Settlement Officer, Consolidation, they were informed that the appeal No. 520 had been dismissed in default on 4.7.1972. The petitioners came to know, on the inspection of record, that by means of an order dated 16.6.1972, the Assistant Settlement Officer. Consolidation fixed 4.7.1972 on which date the appeal Nos. 520. 1602 and 2110 were dismissed in default while 6.7.1972 was fixed in appeal No. 2040. The said appeal No. 2040 was subsequently adjourned from time to time and on 21.7.1972, the said appeal was allowed. When the petitioners came to know on 21.7.1972 about the dismissal of their appeal, an application for restoration was filed. The said restoration application was, however, rejected on 25.9.1972 by the said Assistant Settlement Officer, Consolidation. The petitioners had simultaneously filed a Revision No. 1752 before the Deputy Director. Consolidation against the order dated 21.7.1972 whereby the appeal of the opposite party Nos. 4 and 5 was allowed. Another Revision No. 1862 was filed by the opposite party Nos. 4 and 5 against the order dated 21.7.1972. On 7.6.1973. the Revision No. 1752 filed by the petitioners was dismissed on the ground that the petitioners should have filed revision against the order dated 25.9.1972 whereby the restoration application of the petitioners was rejected by the Assistant Settlement Officer. Consolidation. The revision of the petitioners was dismissed while the revision filed by the opposite party Nos. 4 and 5 was allowed and the matter was remanded to the Settlement Officer. Consolidation. On 7.6.1973. another Revision No. 2587 was filed by the petitioners challenging the order of the Assistant Settlement Officer, Consolidation dated 25.9.1972. On 21.2.1975, the said revision against the order dated 25.9.1972 was dismissed by the Deputy Director, Consolidation. By the same order, another Revision No. 3045 filed against the order dated 15.12.1973 in appeal No. 2040 was allowed and the matter with regard to the plot Nos. 1130, 1132 and 1146 was allowed, and the order in appeal was set aside and the matter was remanded to the Assistant Settlement Officer, Consolidation for disposal afresh.

(3.) The original petitioners then filed present writ petition for quashing the orders passed by the Deputy Director. Consolidation dated 21.2.1973 as contained in Annexure-11, the order dated 7.6.1973 as contained in Annexure-8. the order dated 25.9.1972 as contained in Annexure-7 passed by the Assistant Settlement Officer, Consolidation, the order dated 21.7.1972 as contained in Annexure-4 and the order dated 4.7.1972 as contained in Annexure-3 and also the order of the (Assistant Settlement Officer) Consolidation dated 21.7.1972 as contained in the Annexure-1.