ISWARI Vs. DEPUTY DIRECTOR OF CONSOLIDATION KANPUR CAMP

JUDGEMENT

(1.) BY the present writ petition under Article 226 petitioner has prayed for writ of certiorari quashing the order dated 26-5-1989 passed by the Deputy Director of Consolidation dismissing the revision of the petitioners and the order dated 24-4-1989 passed by the Settlement Officer (Consolidation) allowing the substitution application filed by respondents Nos. 16 and 17.

(2.) FACTUAL matrix of the case is that Bhagwan Das father of the petitioners Nos. 1 and 2 and respondents Nos. 16 and 17 was dead and one Barwa father of the petitioner No. 3 and respondent No. 15 was also dead. A substitution application was filed by Man Bodhan etc. appellants in the appeal before the Settlement Officer (Consolidation) stating that in place of Bhagwan Das deceased names of his sons Ram Karan and Jai Karan may be substituted and if there are some other heirs it may be asked from the respondents to tell the name of those heirs so that they may also be substituted as heirs and impleaded as parties. In that substitution application names of petitioners Nos. 1 and 2 sons of Bhagwan Das deceased and the names of the petitioner No. 3son of Barwa deceased were not mentioned. The Settlement Officer (Consolidation) by order dated 24-4-1989 (Annexure '6') allowed the substitution application and against that petitioners' revision failed by order dated 26-5- 1989. Against these orders present writ petition has been filed.

(3.) THERE are no dearth of authorities in support of aforesaid view (see Sir Sulaiman Acting C.J. in Muhammad Zafaryab Khan v. Abdul Razzak Khan, AIR 1928 Alld. 532, Sadulla Khan v. Bismilla Bai Sadruddin AIR 1924 Bom. 420, Lilosoner v. Jhagru Sahu, AIR 1925 Pat. 123).