ALAM Vs. DEPUTY DIRECTOR OF CONSOLIDATION FAIZABAD

JUDGEMENT

(1.) Heard Shri R.S. Pande, learned Senior Advocate assisted by Shri Ankit Pande for the petitioners and Shri Upendra Singh, learned Standing Counsel appearing on behalf of the State-respondents.

(2.) This petition has been filed challenging the order dated 01.11.2019 passed by the Dy. Director of Consolidation, Faizabad now Ayodhya for impleading the U.P. Express Way Industrial Development Authority, Lucknow, by exercising "Suo-moto" power in the Revision pending before him, against the order passed by the Settlement Officer Consolidation in respect of a dispute with regard to the co-tenancy right in Khata No.102 situated in Village Idilpur, Pargana-Khandasa, Tehsil Milkipur, District Ayodhya.

(3.) It has been submitted by the learned counsel for the petitioners that on 18.02.1978, the Assistant Consolidation Officer passed an order giving co-tenancy rights to the opposite party nos.2 to 6, on the basis of an alleged compromise under Section 9 of the Act. The order dated 18.02.1978 was also recorded in the Khatauni of 1382 and 1384 Fasli. The petitioners filed a time barred Appeal on 01.04.2017 against the order dated 18.02.1978 before the Settlement Officer Consolidation under Section 11 of the Act with the claim that the land in question was obtained by his father through Patta granted by Gram Panchayat and it was non-Bhumidhari land with non-transferable right, being leased out by the Gram Panchayat to the father of the petitioners i.e. Nanhey.