LAWS(ALL)-2009-5-957

SATISH KUMAR Vs. DEPUTY DIRECTOR OF CONSOLIDATION-CUM-ADDITIONAL COLLECTOR (NAZUL), UDHAM SINGH NAGAR AND OTHERS

Decided On May 19, 2009
SATISH KUMAR Appellant
V/S
Deputy Director of Consolidation-cum-Additional Collector (Nazul), Udham Singh Nagar Respondents

JUDGEMENT

(1.) JUDGMENT By means of this petition, the peti­tioner has sought writ of certiorari to quash the impugned order dated 09-03-2000 passed by respondent No.1/Deputy Director of Consolidation-cum-Additional Collector (Nazul), Udham Singh Nagar, order dated 27-12-1996 passed by Settle­ment Officer Consolidation, Kichha, Camp at Kashipur, District- Udham Singh Nagar and order dated 30-03-1996 passed by Consolidation Officer, Kashipur, all contained in Annexure Nos. 7, 5 & 4 re­spectively to the writ petition.

(2.) BRIEF facts of the case are that the petitioner Satish Kumar son of late Bhagwan Das had filed objection under Section 9-A(2) of the Consolidation of Holdings Act, 1953 before the Consolida­tion Officer, Kashipur on 06-12-1995 to the effect that the share of the petitioner be declared one-half in plot No. 500/1 measuring 2.92 acres and plot No. 502/1 measuring 5.80 acres, total area 8.72 acres.

(3.) AFTER hearing both the parties and perusal of records, the learned Consolida­tion Officer, Kashipur did not accept the objections of the petitioner on the ground that there was a compromise between the parties regarding share and the lots which were made final by the Assistant Collec­tor have been recorded in the revenue records in separate Khatas and dismissed the objections accordingly on 30-03-1996. Aggrieved by the said order, the petitioner preferred the appeal under Section 11 of UP. Consolidation of Holdings Act, 1953 before the Settlement Officer (Consolida­tion), Udham Singh Nagar. The appeal was dismissed on the same ground on 27-12-1996.