DHEERAJ Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) PETITIONER and Mahendra jointly tried to usurp the property of Gaon Sabha. Learned S.O.C. and D.D.C. rightly thwarted the attempt. D.D.C. Bulandshahr Camp, Gautam Budh Nagar through order dated 26.2.2009 dismissed the Revision No. 42/80 of 2008-09, Dheeraj Singh v. State of U. P.

(2.) LEARNED counsel for the petitioner has argued that Mahendra had not challenged the compromise in between petitioner and him and standing counsel had no right to file appeal against order dated 5.12.2001 passed by C.O. settling Gaon Sabha land with the petitioner on the ground that Mahendra had agreed for the same (earlier A.C.O. through order dated 9.1.1986 had settled Gaon Sabha land with Mahendra). It has also been argued that appeal was belated (filed in 2006) and no delay condonation application had been filed. Under Section 11C of U.P.C.H. Act it is provided that if C.O., S.O.C. or D.D.C. while hearing a case comes to the conclusion that any land vests in the State Government or Gaon Sabha then it shall be recorded in the name of the State or Gaon Sabha even though no objection, appeal or revision has been filed by State or Gaon Sabha.

(3.) OFFICE is directed to supply a copy of this order free of cost to learned standing counsel within three days.