RAM ROOP Vs. DEPUTY DIRECTOR OF CONSOLIDATION GHAZIPUR

JUDGEMENT

(1.) This petition under Article 226 of the Constitution or India has been filed by the petitioner for quashing the order dated 12.11.1998 passed by the Dy. Director of Consolidation.

(2.) At the time of admission. Sri M.A. Khan, Advocate has appeared to oppose the stay and admission both. A supplementary affidavit has also been filed by the petitioner.

(3.) Heard learned counsel for the parties at the admission stage. The brief facts as stated in the petition are that plot No. 1456 of village Bogana, Pargana Pachotar. District Ghazipur, was the subject-matter of the consolidation proceeding. It is stated by the petitioner that there are 8 divisions of the aforesaid plot. It appears that an application under Section 5 (1) (c) of the U. P. Consolidation of Holdings Act was filed by the respondents before the Settlement Officer. Consolidation. Ghazipur, seeking permission to construct a house. On this application, report was called for by the S.O.C. from the Consolidation Officer and the Assistant Consolidation Officer. They submitted report. On 12.3.1996 the Settlement Officer. Consolidation gave permission for construction of house on the aforesaid plot. The petitioner filed an objection against the order dated 12.3.1996. The respondent also filed objection against the aforesaid application. The Consolidation Officer rejected the application of the respondents for construction of house vide order dated 10.4.1996. A revision was filed by the respondents against this order. The Dy. Director of Consolidation allowed the revision on 12.11.1998. This order has been challenged by the petitioner in this writ petition.