MUNNI LAL Vs. D.D.C.

JUDGEMENT

(1.) Heard Sri Amarendra Pandey, learned counsel for the petitioner and Sri Vidya Kant Tripathi, learned counsel for the respondent nos. 3 and 4.

(2.) The present writ petition has been filed for quashing the order dated 11.1.2012 passed by the Deputy Director of Consolidation whereby the revision filed by the petitioner was dismissed affirming the order dated 26.12.2009 passed by the Settlement Officer Consolidation in Appeal No. 884 of 2009-10 condoning the delay of about more than 15 years in filing the appeal.

(3.) The facts as reflect from the record are that the petitioner and respondent nos. 3 and 4 are real brothers. The disputed land of Gata No. 80 was purchased through registered sale-deed in which contribution was made by all the brothers. Since the Ram Lakhan respondent no.3 is the eldest, the sale- deed was executed in his name. After the consolidation operation, the objection was filed before the Assistant Consolidation Officer by the petitioner 1/8th claiming share in the disputed land. Subsequently, on the report of the Assistant Consolidation Officer, matter was placed before the Consolidation Officer for decision in accordance with their share as claimed by the petitioner. The statement of the Ram Lakhan respondent no.3 was recorded before the Consolidation Officer. On his statement the share of the petitioner was accepted and accordingly the Consolidation Officer passed an order on 8.4.1989 determining the share of the parties. Subsequently, the order dated 8.4.1989 was implemented in the revenue record and thereafter, the village notified under Section 20 of the U.P. Consolidation of Holdings Act 1953 (for short ' the Act') and the possession has been delivered in the village on 20.6.1996 and on 25.6.1996 CH Form 23 was prepared and entries became final. After the finality of the matter as indicated above, after a lapse of 16 years i.e. on 3.11.2004 an appeal registered as Appeal No. 553 of 2004 under Section 11 (1) of the Act filed by the respondent no.3 before the Settlement Officer Consolidation along with the delay condonation application.