SURENDRA SINGH Vs. D. D. C. SULTANPUR

JUDGEMENT

(1.) Heard.

(2.) Short counter affidavit filed today is taken on record.

(3.) The petitioner herein has challenged an order dated 13.6.2019 passed by the Dy. Director of Consolidation, Sultanpur in purported exercise of power under section 48 (3) of the U.P. Consolidation of Holdings Act, 1953 whereby he has held that if any order was passed in the consolidation operations but the same could not be given effect resulting in an error in preparation of the record, such error can be rectified by the consolidation authorities and accordingly he has exercised his power under section 48 (3) of the Act, 1953, on being satisfied that the recorded tenure- holder have sold off land in dispute in favour of Mahaveer Singh, son of Vikramajit vide registered sale-deed dated 13.11.1979, a copy of which was on record and order was passed by the Assistant Consolidation Officer based on such sale-deed on 19.9.1980 for mutation of the name of the vendee but this order of the ACO could not be given effect in the final record, as such, it was necessary to do so. Prior to passing of the said order the opposite party no.3 to 5/ their predecessor in interest had initiated proceedings under section 33/39 of the U.P. Land Revenue Act, 1901 for correction of record which was dismissed firstly in the year 1995 and thereafter on 31.7.2002 on the ground of being not maintainable, leaving it open for the opposite party herein to pursue appropriate remedy before the competent court. In addition to it a suit under section 229 B was also filed by the private opposite parties for declaration of their rights and interest in respect of the land in dispute bearing Gata no.1982 which came to be dismissed on 19.01.2017 on the ground that it was barred by the Section 49 of the Act, 1953, rightly so.